IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.793 of 2010
THE STATE OF BIHAR & ORS
Versus
SUNIL KUMAR SINGH & ORS
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3- 6.7.2010 IA No. 4229 of 2010
This application under Section 5 of the
Limitation Act is made by the appellant-State of Bihar
for condonation of delay of 186 days occurred in filing
Letters Patent Appeal No.793 of 2010.
Learned Advocate Mr. Shyam Kishore Sinha
appears for the respondents. He has contested the
application. In his submission, the delay caused in
preferring the appeal is due to gross inaction on the part
of the State which reflects lack of bonafide. Therefore,
delay ought not to be condoned.
We are unable to agree with the plea of lack
of bonafides. It is made out that the delay has occurred
on account of procedural requirements. In our opinion,
the delay should not come in the way of substantive
justice. On the facts and in the circumstances, we
condone the delay.
The application stands disposed of.
Appeal will be posted for admission hearing
2
on 22nd July 2010.
( R M Doshit, CJ.)
( S K Katriar, J. )
mrl