State Of J&K vs Sukhdev Singh
2021 Latest Caselaw 976 j&K

                                                                S. No.07

             HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                           AT JAMMU


                                                SLA No. 40/2019
                                                c/w
                                                CONCR No. 31/2019 [CrlM
                                                No. 81/2019]
                                                CRA No. 39/2019 [CrlA(D)
                                                No. 15/2019]



State of J&K                                        ...Appellant/Petitioner(s)

                     Through :- Mr. Jamrodh Singh, GA
                    v/s
                     <




Sukhdev Singh
't
                                                           .....Respondent(s)

                    Through :- None.


Coram:       HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
             HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE


                                       ORDER

CONCR No. 31/2019 [CrlM No. 81/2019]

1. Leave to appeal sought for challenging the judgment of acquittal

dated 20.02.2018 passed in File No. 23/Sessions titled as State v. Sukhdev Singh

is delayed by 314 days.

2. Despite notice and having caused appearance, the respondent has not

filed objections.

3. We have considered the submissions made by the learned counsel

for the applicant-appellant and have gone through the application.

4. In the application seeking condonation of delay, it is pleaded that

initially after the judgment of acquittal was rendered by the trial Court, the matter

was taken up with the Law Department for according sanction to file acquittal

appeal. After the matter was processed at different levels, the department of law

vide Government Order No. 3769-LD(ACQ) of 2018 dated 06.07.2018 accorded

sanction for filing of acquittal appeal through Government lawyer Sh. Ahtsham.

Hussain Bhat. Before Sh. Bhat could complete formalities and file the appeal, he

ceased to be in office and, therefore, the matter was re-processed and the

department of law had to engage the services of another Government Advocate

i.e. Sh. Raman Sharma, AAG. It is, thus, submitted that because of this

processing of sanction of the law department twice, lot of time was wasted.

5. The explanation tendered by the applicant justifying the belated

filing of application seeking leave to appeal is cogent and constitutes sufficient

cause for condonation of delay. Otherwise also, the respondent has not opposed

the condonation of delay by filing objections or contesting the application by

appearing in the matter.

6. For all these reasons and also looking to the prima facie merit in the

appeal, we allow this application and condone the delay.

SLA No. 40/2019

7. On the analogy of the reasons given herein-above while deciding the

application for condonation of delay, we grant leave to file the appeal. This is so

because the judgment of acquittal has been rendered in a trial where the

prosecution had led sufficient evidence. Whether the evidence that had come on

record is sufficient to connect accused with the commission of offence alleged is

a matter firstly debatable and needs to be considered. Accordingly, the

application for leave to appeal is also allowed and leave granted.

CRA No. 39/2019 [CrlA(D) No. 15/2019]

8. Heard. Admit.

9. Issue notice to the respondent, returnable within four weeks.

Requisites for service be filed within one week.

10. List on 18.10.2021. In the meantime, Registry shall prepare the

paper book and supply the same to the learned counsel for the parties.

                             (PUNEET GUPTA)            (SANJEEV KUMAR)
                                JUDGE                        JUDGE
JAMMU
26.08.2021
Paramjeet