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M. S. RAMACHANDRA RAO, AMARJOT BHATTI
State of Haryana – Appellant
Versus
Jagpal Singh – Respondent
JUDGMENT
M.S. Ramachandra Rao, J.
CRM-38908-2019 and CRM-A-2832-2019 (O&M)
This Criminal Appeal is preferred by the State challenging the order dt. 03.02.2018 passed by the learned Additional Sessions Judge, Sirsa, setting aside the conviction of respondents vide judgment dt.1 8.07.2014 passed by the Judicial Magistrate, First Class, Sirsa, and an application bearing No.CRM-38908-2019 has been filed under Section 5 of the LIMITATION ACT , 1963 read with Section 482 Cr.P.C. to condone the delay of 580 days in filing the Criminal Appeal.
2. In the application for condonation of delay, it is stated that though the impugned judgment was pronounced on 03.02.2018 by the learned Additional Sessions Judge, Sirsa, the District Magistrate, Sirsa felt that it was a case for filing a Criminal Appeal and issued a letter to the office of the Advocate General, Haryana on 29.04.2018; that the sanction was granted by the Legal Remembrancer, Haryana, for filing the Appeal; and the Appeal was filed on 06.11.2019.
3. No explanation was offered in the application as to why the decision to file the Appeal taken by the District Magistrate, Sirsa and communicated to the office of the Advocate General, Ha
The court established that the State must provide a reasonable explanation for delays in legal proceedings, as the law of limitation applies equally to all parties.
A pragmatic approach is essential in condoning delays in criminal appeals, prioritizing substantial justice over technicalities, especially in cases involving victims.
The applicant must provide reasonable and acceptable explanations for filing delays beyond the limitation period, which mere bureaucratic processes often do not satisfy.
The court emphasized that a significant delay in filing an appeal must be adequately explained, and mere claims of ignorance are insufficient to justify such delays.
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