LU 35 Gujarat 2018

Gujarat High Court

R/Criminal Appeal No. 1458 Of 2018 With Criminal Misc. Application No. 1 Of 2018 With Criminal Misc. Application No. 2 Of 2018

Dineshbhai Rameshbhai Minama Vs State Of Gujarat

Date of Decision :-01/10/2018

Bench: S. H. Vora (J)

Head note :

Limitation Act, 1963 S. 5 -- Condonation of Delay – Decisive factor is the satisfactory and sufficient explanation and not the length of delay.

The words, Sufficient cause for not making application within the period of limitation should be applied in a reasonable and liberal manner depending upon the facts and circumstances of the case and the type of the case. The expression sufficient cause in section 5 of the Act needs liberal construction so as to advance substantial justice when the delay is not on account of any negligence or inaction or want of bona fide or dilatory tactics on the part of the applicant. In nutshell, the decisive factor for condonation of delay is not length of delay but sufficiency and satisfactory explanation. Since there is nothing on record so as to infer inaction or want of bona fide that can be attributed to the applicant, the applicant cannot be non-suited at threshold and thus, cannot be deprived of substantial justice which has been made available to the applicant by way of statutory appeal. In order to advance substantial justice to the applicant and as the explanation for delay does not smack mala fide, the delay caused in preferring the appeal is hereby condoned. The application stands disposed of. Rule is made absolute to the aforesaid extent.