State vs Mohan Lal And Another
2022 Latest Caselaw 234 j&K

                                                                      Sr. No.32

                 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                               AT JAMMU

                                                  SLA No.98/2015
                                                  c/w
                                                  CONCR No.84/2015


State                                                ....Petitioner(s)/Appellant(s)

                   Through :- Mr. Dewakar Sharma, Dy. AG.
           V/s
Mohan Lal and another                                            ....Respondent(s)

                   Through :-   Mr. V. Bhushan Gupta, Advocate.

Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                      ORDER

21.02.2022 CONCR No.84/2015

1. This is an application seeking condonation of delay in filing the appeal

against the judgment of acquittal dated 03.03.2015 passed by learned Sessions

Judge, Kathua by virtue of which respondent/accused has been acquitted of

charges for offences under Sections 420, 467, 468, 120-B and 201 RPC.

2. In the application it is averred that sanction to file the appeal was granted

in terms of Government Order dated 17.06.2015 which was received by the

office of Advocate General on 04.07.2015 whereafter the brief was handed over

to Sr. Additional Advocate General on 06.07.2015 who examined the judgment

and prepared the appeal on 09.07.2015. It is further averred in the application

that the appeal was filed on 11.08.2015 after drafting and vetting.

3. Learned counsel for the respondents has vehemently opposed the

application on the ground that there is no explanation for delayed filing of the

appeal particularly from 09.07.2015 to 11.08.2015.

CONCR No.84/2015

4. Heard learned counsel for the parties.

5. The Courts while dealing with the matters relating to condonation of delay

are generally expected to be liberal and lenient so that rights of the parties are

decided on merits. The Courts have to be more lenient and liberal in the cases

where the condonation of delay is sought by Government and its functionaries.

By the very nature of the functioning of the government machinery which is

impersonal in nature the decision making does take longer than usual. All these

factors cannot be lost sight of by the Court while considering an application for

condonation of delay.

6. Having regard to above factors, this is a fit case where 57 days delay in

filing the appeal deserves to be condoned.

7. Accordingly, this application is allowed.

SLA No.98/2015

List for consideration on 23.05.2022.

(Sanjay Dhar) Judge Jammu:

21.02.2022 Surinder

SURINDER KUMAR 2022.02.22 10:08 I attest to the accuracy and integrity of this document