R.P. Gupta, J.

1. A composite petition for leave for filing appeal against an order of acquittal dated 25-3-1995 passed in Session Trial No. 207/94 by Sessions Judge, Chhindwara under section 302, Indian Penal Code under Sub-section (3) of section 378, Criminal Procedure Code as well as the appeal there against was filed in this Court on 7-8-1995. As the matter was belated, an application under section 5 of the Limitation Act, 1963 for brevity (hereinafter referred to as "the Act") for condonation of delay duly accompanied by affidavit, was filed though subsequently.

2. In the present case, question for consideration, as has cropped up, is whether section 5 of the Act would be attracted in cases of appeal against an order of acquittal under section 378 of the Code of Criminal Procedure, 1973 (for brevity hereinafter referred to as "the New Code"). Section 378 of the New Code is as extracted :

"378. Appeal in case of acquittal - (1) Save as otherwise provided in Sub-section (2) and subject to the provisions of Sub-sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of a