Decisive factor for condonation of delay is not length of delay but sufficient and satisfactory explanation

Gujarat High Court: A Single Judge Bench comprising of S.H. Vora, J. allowed the condonation of delay as the sufficient cause stands justified.

The petitioner has filed an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 350 days caused in filing the criminal appeal against the judgment passed in the POCSO Act.

The Court observed, 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 following which substantial justice shall be advanced when the delay has not been due to the negligence on the part of the applicant. In nutshell, the decisive factor for condonation of delay is not the length of delay but sufficiency and satisfactory explanation.

Thus there was nothing on record which could deprive substantial justice to the applicant by way of statutory appeal as the explanation for delay does not smack mala fide as a resultant the condonation was allowed. [Dineshbhai Rameshbhai Minama v. State of Gujarat, 2018 SCC OnLine Guj 2610, Order dated 01-10-2018]

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