IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRL. M.P. No._______of 2023
IN
SPECIAL LEAVE PETITION(CRL.) NO. …….. OF 2023
IN THE MATTER OF:-
CENTRAL BUREAU OF
INVESTIGATION ….PETITIONER
VERSUS
CHANDA DEEPAK KOCHHAR & ANR. …RESPONDENTS
APPLICATION FOR CONDONATION OF DELAY IN REFILING
THE PRESENT SLP
TO
THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS
COMPANION JUSTICES OF THE HON’BLE
SUPREME COURT OF INDIA;
THE HUMBLE PETITION OF THE
PETITIONER ABOVE NAMED;
MOST RESPECTFULLY SHOWETH:
1. The present Special Leave Petition has been filed by the
Petitioners under Article 136 of the Constitution of India against
the common interim impugned judgment and order dated
09.01.2023 passed by the Hon’ble High Court of Judicature at
Bombay, in Criminal Writ Petition (Stamp) No. 22494 of 2022,
with Criminal Writ Petition (Stamp) No. 22495 of 2022, whereby
the Hon’ble High Court has granted interim bail, pending
hearing and final disposal of the aforesaid petitions, to the
respondents without considering the legal and factual aspects of
the case. The said order passed by the Hon’ble High Court is
erroneous and bad in law and is liable to be set aside.
2. That, the contents of the main Petition are not repeated herein
for the sake of brevity and the same may be taken as part and
parcel of this application.
3. That there is a delay of ___ days in filing the Special Leave
Petition which is neither deliberate nor intentional but on
account of execution and performance of works and
responsibilities in the Government Department by various
officers at different stages as part of procedural norms,
conventions and rules which are absolutely unavoidable at the
time of filing of the Special Leave Petition.
4. That, therefore the reasons for delay in the filing the Special Leave
Petition are mentioned herein chronologically.
Date Event
09.01.2023 That the Hon’ble High Court of Judicature at
Bombay vide order dated 09.01.2023 granted interim
bail pending the hearing of these petitions.
01.04.2023 That the Petition was filed after complying with all
the formalities and the procedures involved in filing
of the Special Leave Petition by the Government
Authorities.
01.04.2023 That the defects were notified by the registry of the
Hon’ble Supreme Court of India.
That the file was collected from the refiling counter
10.04.2023
for curing the defects.
That the defects notified by the registry of the
16.04.2023
Hon’ble Supreme Court of India required some
documents to be in typed copy.
That the defects were marked to the Panel Advocate.
17.04.2023
That the certain documents forming part of the
20.04.2023
annexures were sent for typing
That the typed copy was received in the Central
24.04.2023
Agency Section.
That the SLP was refiled after curing all defects.
26.04.2023
That some of the defects remained still and therefore
10.05.2023
the file was collected for curing it again.
That certain annexures were dim and some of them
12.05.2023
were beyond margin and therefore they were
required to be typed.
The file was marked to the typist and sent to him for
16.05.2023
typing.
The file was typed by the typist and was collected for
05.06.2023
preparation of paper books.
The file was again as some of the pages were not
06.06.2023
typed.
That the file was received from the typist and was
28.06.2023
marked for preparation of paper books.
That the paper books were prepared and the SLP
30.06.2023
was refiled.
The File is collected again to cure the defects along
12.07.2023
with filing of the application of the condonation of
delay in refiling.
That the SLP is refiled after curing all defects.
.07.2023
5. That if the delay as explained hereinabove is not condoned,
substantial prejudice would be caused to the Petitioner and to
public interest. On the other hand, no prejudice would be caused
to the Respondents if the aforesaid delay is condoned.
6. That the aspects highlighted above clearly indicate that the
authorities were acting bonafide and the delay in refiling the
present Special Leave Petition is not deliberate and willful but
for the reasons mentioned above. Therefore, if delay is condoned
and the matter is decided on merits, no prejudice will be caused
to anyone. If delay is not condoned the petitioner would be put to
great hardships and irreparable loss.
