JUDGMENT :

SUMEET GOEL, J. 

CRM-23522-2025

1. The present application has been filed on behalf of the applicant- State seeking condonation of delay of 597 days in filing the accompanying appeal. The main appeal has been filed impugning the judgment dated 03.05.2023 passed by the learned Judge Special Court, Ferozepur.

2. Learned counsel appearing for the applicant-State, while seeking grant of the prayer for condonation of delay of 597 days, has argued that the certified copy of the judgment dated 03.05.2023 was applied for on the same day and was prepared and delivered on 10.05.2023. Thereafter, the matter was forwarded to the office of the District Attorney, Ferozepur, for opinion as to whether an appeal should be preferred. The learned District Attorney, Ferozepur opined that the present case was a fit one for filing an appeal seeking enhancement of sentence on the ground of inadequacy of sentence. The said opinion was concurred with by the learned Assistant District Attorney, Ferozepur on 29.05.2023, whereupon the proposal was forwarded to the Director, Prosecution and Litigation, Punjab. It is further submitted that the Director, Prosecution and Litigation, Punjab examined the proposal and forwarded the same to the Department of Home Affairs and Justice. The file was thereafter received from the Department of Home Affairs and Justice (Judicial-II Branch), Punjab, Chandigarh on 13.06.2023, along with the recommendation of the Director, Prosecution and Litigation for tendering opinion against the judgment dated 03.05.2023. Upon examination of the entire record, the learned Assistant Advocate General, Punjab gave his opinion dated 21.06.2023, recommending filing of an appeal for enhancement of sentence before this Hon’ble Court. The said opinion was further affirmed by the learned Additional Advocate General, Punjab vide opinion dated 01.07.2023. Learned State counsel further submits that the Department of Home Affairs and Justice agreed with the aforesaid opinions and accorded sanction for filing the appeal before this Hon’ble Court vide Memo No. 2/81/2023-3Judl-2/3372 dated 10.07.2023. The said sanction was received in the office of the learned Advocate General, Punjab on 12.07.2023, whereafter the grounds of appeal were drafted. It is submitted that thereafter, the office of the learned Advocate General, Punjab addressed an email dated 18.07.2023 to the office of the Senior Superintendent of Police, Ferozepur, seeking affidavits in support of the application for condonation of delay and the grounds of appeal. He has further argued that the task was marked to concerned for necessary action, however, the said official failed to forward the file to the concerned Investigating Officer. As a result, the file remained pending with the said official from 18.07.2023 till 25.01.2025. Consequently, vide Memo No. 192-5A dated 27.01.2025, the SHO, Police Station Sadar, Ferozepur submitted a report for initiation of departmental proceedings against the erring official. Learned State counsel submits that thereafter, the requisite applications and affidavits were prepared by the concerned department on 17.02.2025 and were duly vetted by the learned Law Officer on the same day. Upon completion of all procedural formalities, the present appeal has been filed before this Hon’ble Court without any further delay. Learned State counsel submits that the delay in filing the present criminal appeal is neither intentional nor deliberate, but has occurred on account of the procedural movement of the file through various statutory and administrative channels. No prejudice is caused to the respondent, whereas grave prejudice would be caused to the State in case the delay is not condoned. It has been argued by learned counsel that due to the procedural requirements as detailed above, a delay of 597 days occurred, which was purely procedural and circumstantial. It has further been submitted that the delay was not attributable to any intentional negligence