( 1 ) PRESENT is an application seeking condonation of delay of 115 days in filing the appeal.

( 2 ) IT is to be seen that the impugned judgment was delivered by the learned additional Sessions Judge, Fast Track Court, Dhrangadhra in Criminal Appeal no. 13 of 2003. The certified copy of the judgment was applied on 18th February, 2005 and was received on 19th February, 2005. It is not in dispute before me that the appeal against acquittal or an application seeking leave to file appeal against acquittal is required to be filed within ninety days including the days spent for obtaining the certified copy of the impugned judgment. It would appear that right from 19th February, 2005 to 26th April, 2005, the learned Public prosecutor, Surendranagar did not do anything. He was sitting over the matter and for the first time, sent his proposal on 26th April, 2005, which was received in the Legal Department on 28th April, 2005 and in the concerned Branch on 29th April, 2005. The file was prepared by the concerned officer on 30th April, 2005 and the Deputy Secretary took a decision to file an appeal on 2nd May, 2005 and the said approval was approved by the Secretary and R. L. A