Full Judgment Text
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CASE NO.:
Appeal (crl.) 1293 of 2007
PETITIONER:
STATE OF RAJASTHAN
RESPONDENT:
CHANDA @ CHANDKORI and ORS
DATE OF JUDGMENT: 24/09/2007
BENCH:
A.K. MATHUR & Markandey KATJU
JUDGMENT:
JUDGMENT
ORDER
We have heard learned counsels for the parties.
Delay condoned.
Leave granted.
This appeal is barred by time by 260 days. Ordinarily we may not have
condoned such a long delay, and we do not appreciate the delays caused in
filing Special Leave Petitions by the Government before this Court. Such
kind of delay causes grave injustice to the parties. However, in the
peculiar facts and circumstances of the case, we condone the delay. This
appeal is directed against the judgment and order dated 14th July 2005
passed by the High Court of Judicature for Rajasthan at Jaipur Bench,
Jaipur in D.B. Criminal Leave to appeal No. 165 of 2005 whereby the
Division Bench of the High Court had passed a cryptic order dismissing the
application for leave to appeal against as acquittal judgment without
giving proper reasons and without showing due application of mind. While
disposing of an application for leave to appeal against an acquittal, it is
expected that the High Court should pass a speaking order showing due
application of mind. Of Course the said order need not be as elaborate as a
full fledged judgment, but at least briefly some reasons should be given.
That has not been done in this case. Hence we cannot sustain the impugned
order dated 14th July 2005 passed by the High Court. We set aside the order
of the High Court and remit the matter back to the High Court for passing
an order after showing due application of mind.
The appeal is accordingly, allowed.