Sikkim HC allows revision petition, Condones delay in filing criminal appeal, Emphasizes justice over technicalities [Read Judgement]

Sikkim: The High Court of Sikkim has allowed a criminal revision petition and condoned a 388-day delay in filing an appeal against the conviction by three petitioners.

In an order passed on June 25, 2024, Justice Meenakshi Madan Rai set aside an earlier order of the Sessions Judge that had dismissed the petitioners’ application for condonation of delay.

The court noted that the petitioners had been convicted and sentenced by the Chief Judicial Magistrate, Gangtok on August 23-24, 2022, for offenses under Sections 454 and 380 of the Indian Penal Code. They filed an appeal after a delay of 388 days, which was dismissed by the Sessions Judge for lack of sufficient cause.

Justice Rai observed that the delay occurred because the petitioners were incarcerated and unable to take steps expeditiously. Only the wife of one petitioner was able to pursue the matter.

“These circumstances are mitigating factors in their favor, apart from which it must be observed that the revisionists are also entitled to legal counsel of their choice. If they are not satisfied with the services of a Legal Aid Counsel and seek to engage a private counsel, the courts cannot stand in their way in their quest for justice as they perceive it,” the court stated after referring to a catena of cases decided by the Supreme Court.

Referring to Supreme Court precedents, the High Court held that the expression “sufficient cause” for condoning delay must receive a liberal construction to advance substantial justice. It noted:

“In my considered opinion, there does not seem to be gross negligence or deliberate inaction on the part of the revisionists. The circumstances were not in their favor. The course of justice ought to be advanced, and mere technicalities ought not to impede the path of justice.”

The court allowed the revision petition, set aside the Sessions Judge’s order, and condoned the delay in filing the appeal.

[Read Judgement]