Madhya Pradesh High Court
The State Of M.P. Thr. vs S.C. Dekate on 10 August, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.41125/2020
State of M.P. v. S.C. Dekate.
Gwalior, Dated :10.08.2021
Shri Ankur Mody, Additional Advocate General for
applicant/State through video conferencing.
None for respondent.
On 9.8.2021 also, none had appeared for respondent. On
27.7.2021 a statement was made by the Counsel for the respondent
that since the respondent is confined in jail in some other offence,
therefore, he may be granted sometime to file reply to the application
filed under Section 5 of Limitation Act. It is further submitted that in
case if the respondent fails to file reply to the application, then the
application for condonation of delay can be considered without
reply. It is not out of place to mention here that on 13.7.2021 also,
the counsel for the respondent had prayed for time to file response to
the application for condonation of delay. Today also, none appears
for the respondent.
In view of order dated 27.7.2021, Shri Ankur Mody is heard
on I.A. No. 19106/2020 on the question of condonation of delay.
It is submitted that proposal was sent by the District
Prosecution Officer on 18.5.2020 for filing an appeal. The said
proposal was considered by order dated 23.7.2020 and the Law and
Legislative Department State of MP accorded sanction to file appeal.
Accordingly, by order 28.08.2020 EOW, Gwalior forwarded the
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.41125/2020
State of M.P. v. S.C. Dekate.
papers to the counsel for the applicant and the application for grant of
leave to appeal was drafted and was filed on 15 th of October 2020. It
is submitted that due to complete lock-down after 24 th of March
2020, the entire work had come to a halt. Thereafter, the authorities
were busy in maintaining law and order situation in the wake of
Covid-19 Pandemic. Thus, some extra time was consumed by the
Law and Legislative Department for grant of sanction for
prosecution. Accordingly, it is submitted that situation was beyond
the control of the applicant. Therefore, the delay in filing the
application for grant of leave to appeal may be condoned.
Since, none appears for the respondent to oppose the
application coupled with the fact that from 24 th of March 2020, there
was a complete lock-down in the country and thereafter the
authorities were busy in maintaining law and order situation as well
as to ensure the availability of the medical facilities, this Court is of
the considered opinion that sufficient cause has been made out by the
applicant for condonation of delay. Accordingly, I.A. No.19106/2020
filed under Section 5 of Limitation Act is hereby allowed. The delay
of 135 days in filing the application for leave to appeal is hereby
condoned.
Heard on the question of admission.
This application under Section 378 (3) of Cr.P.C has been filed
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.41125/2020
State of M.P. v. S.C. Dekate.
seeking leave to appeal against judgment of acquittal dated 20 th of
March, 2020 passed by Special Judge (Prevention of Corruption) Act,
Morena in Special Sessions Trial No. 300008/2012 by which the
respondent has been acquitted of offence under Section 13 (1) (c) r/w
Section 13(2) of Prevention of Corruption Act and Sections 420, 120-
B of IPC.
It is submitted by the Counsel for the applicant that on the
recommendation of the respondent, subsidy was released in favour of
certain persons/institutions which were not in existence at all. It is
clear that the respondent had given forged recommendation, because
of which, financial loss was caused and undue advantage was availed
by the beneficiaries.
Considering the submissions made by the Counsel for the
applicant, this Court is of the considered opinion that it is a fit case
for grant of leave to appeal. Accordingly, the applicant is granted
leave to file an appeal.
Office is directed to register this case as a Criminal Appeal.
The appeal being arguable is admitted for final hearing.
Issue bailable warrant of arrest in the sum of Rs. 25,000/- (Rs.
Twenty Five Thousand Only) for appearance of respondent before
registry of this Court on 30.11.2021 and on all other dates which may
be fixed by the Registry in this behalf.
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.41125/2020
State of M.P. v. S.C. Dekate.
With aforesaid observations, this application filed under
Section 378 (3) of Cr.P.C is finally disposed of.
(G.S. Ahluwalia)
Judge
ar
ABDUR RAHMAN
2021.08.11
20:04:46 +05'30'
