Punjab & Haryana High Court Refuses to Condone 2500-Day Delay in Filing Criminal Appeal
Case Name: Shanti Devi v. Gulshan and Others
Date of Judgment: October 13, 2025
Citation: CRM-23689-2025 in/& CRM-A-1079-2025 (O&M)
Bench: Hon’ble Mr. Justice Sumeet Goel
Held: The Punjab & Haryana High Court refused to condone a delay of 2500 days in filing a criminal appeal, holding that the applicant failed to provide any reasonable or convincing explanation for such prolonged delay. Justice Sumeet Goel observed that while courts may adopt a liberal approach in considering delay, such leniency cannot be extended where the delay is inordinate, unexplained, and reflects negligence or lack of bona fide intent. The Court emphasized that procedural diligence and credible justification are essential for invoking the benefit of delay condonation under Section 5 of the Limitation Act.
Summary: The applicant sought condonation of a 2500-day delay in challenging two judgments — one dated March 3, 2025, passed by the Additional Sessions Judge, Sonepat, dismissing her earlier appeal as not maintainable, and another dated June 3, 2016, by the Judicial Magistrate First Class, Sonepat, acquitting the respondents of offences under Sections 494, 114, and 34 IPC. The delay was attributed to an inadvertent mistake by previous counsel, who had incorrectly filed the appeal before the Sessions Court instead of the High Court. The applicant argued that the mistake was bona fide and that her case should be considered on merits.
The Court referred to guiding principles on condonation of delay from its earlier decision in Deepak v. Noori (2024) and the Supreme Court’s ruling in Pathapati Subba Reddy (2024 INSC 286), reiterating that condonation requires a clear, credible, and satisfactory explanation. The Court noted that the application lacked necessary particulars and supporting evidence, and that a vague plea of counsel’s error could not justify such an extraordinary delay. It concluded that the applicant had failed to demonstrate due diligence or circumstances beyond her control to warrant condonation.
Decision: The High Court dismissed the application seeking condonation of the 2500-day delay, finding the explanation wholly unsatisfactory and devoid of merit. As a result, the main criminal appeal also stood dismissed, and all pending applications were disposed of.