2013 (2) TMI 354

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..... that limitation for filing an appeal against acquittal is 180 days while it was 60 days. It is claimed that in this way there had been a delay of 118 days. The second delay is after filing of the appeal and rasing of the objections. Thereafter the delay is quite considerable i.e. of 347 days and surprisingly no reason is given as to how this delay of 347 days occurred. It is a case where virtu .....

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..... sed by learned Chief Judicial Magistrate, Jalandhar, the applicant has moved application under section 5 of the Limitation Act read with section 482 Cr.P.C.(for short the Act) for condonation of delay of 465 days in bringing the same. Besides making an averment that the appellant is filing the accompanying appeal which is likely to succeed on the grounds taken therein, it is claimed that lawyer .....

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..... same is prayed to be condoned in the interest of justice. Learned counsel for the applicant has submitted that originally the appeal was filed without any delay. According to him, objections were raised by the Registry and in removing the same, the delay of 465 days has occurred. Learned counsel for the respondent, on the other hand, has submitted that the delay is inordinate and as no reason .....

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..... pplications for condonation of delay, liberal approach should be adopted in condoning the delay of short duration and a stricter approach in case the delay is inordinate. Delay in this case is of 465 days and it is claimed to be in two parts. In the first part, delay is of 118 days when the appeal was originally filed and for this delay it is claimed that the advocate of the applicant at the tri .....

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..... on the record given by the applicant for holding that there had been sufficient cause for the delay. In these circumstances, I find no ground to condone the delay in filing the application for leave to appeal. Consequently, the application for condonation of delay is dismissed. The application for leave to appeal is therefore barred by limitation and is dismissed as such. - - TaxTMI - TM .....

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