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AVNEESH JHINGAN, J. (ORAL) –

1. The application under Section 378 (3) Cr.P.C. for grant of leave against the judgment of acquittal dated 2.2.2018 passed by the Sessions Judge, Special Court, Jhajjar, is accompanied by an application for condonation of delay of 303 days.

2. Heard learned State counsel and perused the pleadings.

3. From the pleadings, it is forth coming that the non-applicants were acquitted vide judgment dated 2.2.2018. The opinion of the District Attorney Jhajjar was received on 23.2.2018 that the case is fit for filing the appeal. The appeal/application was filed on 1.3.2019. No explanation has been given for the period of delay.

4. The Supreme Court in Office of the Chief Post Master General and others Versus Living Media India Ltd. And another, 2012 AIR (Supreme Court), 1506 as held as under:

13) In our view, it is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bonafide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape in the process. The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few. Considering the fact that there was no proper explanation offered by the Department for the delay except mentioning of various dates, according to us, the Department has miserably failed to give any acceptable and cogent reasons sufficient to condone such a huge delay. Accordingly, the appeals are liable to be dismissed on the ground of delay.

5. The Supreme Court in The State of Bihar and others Versus Deo Kumar Singh and others Special Leave Petition (Civil) Diary No.13348 of 2019, decided on 9.5.2019 considering its decision in Chief Post Master General case (supra), held that condonation of delay is no more admissible on the pretext of lethargic working of Government.

6. In case of Amalendu Kumar Bera and others Versus The State of West Bengal 2013 (2) RCR (Civil) 534, the Supreme Court held that the delay in filing the appeal or revision cannot be mechanically condoned, in the absence of 'sufficient cause' for delay.

7. No explanation has been put forth for explaining the delay for filing the application. The reason given is that the file moved at a leisure pace.

8. In absence of any explanation worth acceptance, the application for condonation of delay is dismissed. Consequently, the application under Section 378 (3) Cr.P.C. is dismissed as time barred.

Application dismissed.

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