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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
State of Sikkim – Appellant
Versus
Suresh Pradhan – Respondent
ORDER :
Meenakshi Madan Rai, J.
1. The Petitioner seeks condonation of sixty-six days delay in filing the Petition under Section 378(3) of the Code of Criminal Procedure, 1973, seeking Leave to Appeal.
2. Learned Additional Public Prosecutor urging this Court to condone the delay submitted that since the File was processed from one officer to the next officer right from the Court Inspector (C.I.) up to the highest authority of the State, consequently, despite the best efforts put in by the Prosecution the delay occurred in filing the application. He invited the attention of this Court to the decision of the Supreme Court in Esha Bhattacharjee vs. Managing Committee of Raghunathpur Nafar Academy and Others , (2013) 12 SCC 649 and contended that the principles applicable for condonation of delay have been elucidated therein. That, the Supreme Court has observed inter alia that there should be a liberal, pragmatic, justice-oriented, non-pedantic approach while dealing with an application for condonation of delay as the courts are not supposed to legalise injustice but are obliged to remove injustice. That, it was further elucidated that the term “sufficient cause” should be understood in
The court endorsed a liberal approach to condoning delays in appeals, emphasizing substantial justice over technicality, while holding the State to the same standards as other litigants.
The court emphasized the accountability of State-Authorities for inaction and held that the impersonal machinery of the government cannot be used as a ground for condonation of delay.
The main legal principle established in the judgment is the liberal interpretation of 'sufficient cause' for delay condonation, emphasizing the importance of substantial justice and the protection of....
The State must provide satisfactory reasons for delay in filing petitions; bureaucratic inefficiency is no excuse. Condonation of delay should not undermine the principles of timely justice.
Government bodies must provide reasonable explanations for delays in filing appeals, as the law of limitation applies equally to all litigants, including the State.
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