State Of Rajasthan vs Bhamra Ram

State has preferred this Leave to Appeal under Section 378 (iii) & (i) of the Code of Criminal Procedure (for short, ‘Cr.P.C.’) to question

acquittal of the accused respondent by Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Sirohi (for short, ‘learned

trial Court’) for offence punishable under Section 307 IPC.

The appeal was presented before the Court on 24.03.2017 after delay of 25 days’.

The matter came up before the Court on 22.09.2017 and, on request of learned Public Prosecutor, two weeks’ time was allowed for filing

requisite application under Section 5 of the Limitation Act. Yet again on 31.10.2017, four weeks’ time was allowed for filing requisite application.

Subsequently, when the matter came up before the Court on 31.01.2018, following order was passed by the Court :

“Last opportunity of two weeks’ time is granted to the learned Public Prosecutor to file application under Section 5 of the Limitation Act,

failing which this criminal leave to appeal shall stand dismissed automatically without further reference to the Court.â€​

Despite per-emptory order of the Court, the requisite application for condonation of delay was not filed within the stipulated time and that entailed

rejection of Leave to Appeal. After rejection of Leave to Appeal, a prayer was made for restoring the appeal by invoking Section 482 Cr.P.C. and the

Court was pleased to grant indulgence to the appellant State on 14.03.2019 by passing following order :

“The present misc. application has been filed by the petitioner for restoration of the criminal leave to appeal No.310/2017 which was dismissed in

default by the Deputy Registrar (Judicial) on 22.02.2018 in compliance of the order of this Court passed on 31.01.2018.

For the reasons mentioned in the application, the application is allowed. Office is directed to restore the criminal leave to appeal No.310/2017 to its

original number.â€​

Despite restoration of Leave to Appeal, the requisite application for condonation of delay was not filed and the Court yet again granted two

weeks’ time on 01.06.2019.

I am perplexed that Leave to Appeal was filed on 24.03.2017 and since then appellant State has not made any endeavour to file application for

condonation of delay. It is also a matter of serious concern that earlier Leave to Appeal was dismissed in compliance of per-emptory order and it was

restored but then, subsequently availing yet another opportunity, the requisite application is not filed. After restoration of Leave to Appeal also more

than four months have passed. This sort of approach of the appellant-State cannot be appreciated. From the chronological events noticed hereinabove,

it is clearly apparent that State is not interested to pursue this Leave to Appeal and filing of this Leave to Appeal is merely an empty formality.

In this view of the matter, the instant Leave to Appeal is rejected for delay and non-prosecution.