This application is filed for condoning the delay of 177 days in filing the criminal appeal along with the application for leave to file appeal against an order of acquittal. The Sessions Court acquitted the accused and State has filed the above appeal with an application for leave to file an appeal under S. 378(3) of the Code of Criminal Procedure (hereinafter referred to as Code). The preliminary objection raised by the respondents is that S. 5 of the Limitation Act is not applicable in this case and hence petition is liable to be dismissed. In support of the above, a Division Bench decision of this Court in Crl. M.P. No. 3375/1993 in Crl. A./93 was cited before us. In the above case it was held that provisions of the Limitation Act including S. 5 will not apply in view of specific stipulations regarding time in S. 378(5) of the Code. The Division Bench in the above unreported case held as follows :

"This application is filed under S. 378(4) of the Code of Criminal Procedure. Section 378(5) of the Code specifically says thus :

"No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Cour