Punjab-Haryana High Court
State Of Punjab vs Surinder Pal & Others on 20 November, 2023
Neutral Citation No:=2023:PHHC:147775
CRM-A-2026-MA-2017 (O&M) - 1- 2023:PHHC:147775
305 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-29107-2017 in/and
CRM-A-2026-MA-2017
Date of decision:20.11.2023
State of Punjab ...Applicant
vs.
Surinder Pal and others ...Respondents
Coram : Hon'ble Mr. Justice N.S.Shekhawat
Present : Mr. M.S.Bajwa, Deputy Advocate General, Punjab.
***
N.S.Shekhawat J. (Oral)
1. In compliance of order dated 06.12.2022, affidavit of Deputy
Superintendent of Police, Sub-Division Valtoha, camp at Bhikhiwind, District
Tarn Taran has been filed and the same is taken on record.
2. The appellant had preferred the main appeal against the impugned
judgment dated 14.10.2015, passed by the Court of Additional Sessions Judge,
Tarn Taran, whereby the respondents were ordered to be acquitted. Alongwith
the main appeal, an application has been filed under Section 5 of the Limitation
Act for condonation of delay of 246 days in filing the present appeal.
3. Learned State counsel submitted that the impugned judgment was
passed by the Lower Appellate Court on 14.10.2015, however, the certified
copy of the said order was applied on 23.11.2015 and the same was prepared on
26.10.2016. Thereafter, the District Attorney, Tarn Taran sent the proposal to
the Director Prosecution and Litigation, Punjab, Chandigarh on 01.12.2016 for
filing the appeal. After the process, the proposal was sent to the office of
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Advocate General, Punjab for legal opinion in this case, which was received in
the office of Advocate General, Punjab on 10.01.2017. The file was marked to
the Law officer on 11.01.2017 for legal opinion however, the legal opinion was
rendered on 05.04.2017 and the proposal was sent to the Government for taking
final decision at their end on 19.04.2017. The Government granted sanction on
02.05.2017 for filing the appeal and the report was received in the office of
Advocate General, Punjab. However, the appeal was still filed on 09.08.2017
and the delay of 246 days in filing the present appeal had occurred.
4. I have heard learned counsel for the State and perused the record in
the present case.
5. In the present case, the judgment was passed by the Appellate
Court on 14.10.2015, whereby the respondents were ordered to be acquitted.
The file was received in the office of Advocate General, Punjab on 11.01.2017
for legal opinion and for almost three months, the file remained pending for
taking final decision in the office of Advocate General, Punjab. Again, the
sanction was granted by the Government on 02.05.2017 for filing of the case
before this Court. However, again the appeal was filed on 09.08.2017 i.e. after
a delay of more than 03 months. Even in the application filed for condonation
of delay, there is no explanation for the above-said delay of about six months in
filing the present appeal before this Court. In fact, no doubt that the State has to
adopt a lengthy procedure, before filing the appeal before this Court, however,
the delay at every stage has to be explained properly by the State also like an
ordinary litigant. In the present case, no valid explanation is forthcoming and it
is apparent that the filing of the present appeal before this Court has been
unreasonably delayed.
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6. Thus, finding no merits in the present application and the same is
ordered to be dismissed.
7. Pending application, if any, is also disposed off.
(N.S.SHEKHAWAT)
20.11.2023 JUDGE
hemlata
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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