Court Adopts Pragmatic Approach Recognizing Institutional Delays in Government Decision-Making; Grants Leave to Appeal on Arguable Grounds
In a significant judgment dated October 28, 2026, the Rajasthan High Court has allowed the State of Rajasthan to file an appeal against the acquittal of accused persons in a prosecution under the Prevention of Corruption Act, despite a delay of 130 days in seeking leave to appeal. The application for condonation of delay was filed under Section 5 of the Limitation Act, 1963.
The bench, presided over by Mr. Farjand Ali, J., observed that the State, unlike an individual litigant, operates through an institutional and administrative mechanism that involves multiple levels of decision-making and approvals. This process inherently causes delays which, in the interests of justice, must be viewed with a pragmatic and justice-oriented approach.
The Court highlighted that the grant of leave to appeal against an acquittal is a discretionary power and not an automatic right. At the stage of considering leave, the Court's role is limited to assessing whether the appeal raises arguable issues or substantial questions of law or fact, and not to delve into detailed merits of the case.
In this case, after a thorough perusal of the trial court's judgment acquitting the respondents, the High Court found reasonable grounds to permit the appeal. It held that the proposed challenge was neither frivolous nor vexatious and deserved appellate consideration.
Accordingly, the Court condoned the delay of 130 days and allowed the State's application seeking leave to appeal. The leave application was to be treated as an appeal and registered accordingly. The respondents were to be given an opportunity to be heard on the question of admission of the appeal.
This judgment underscores the courts' sensitivity towards institutional challenges faced by government litigants and reaffirms the importance of a balanced and fair approach in criminal appeals, especially in matters related to corruption offenses.
Bottom Line:
Leave to appeal against acquittal - Delay by State in filing application can be condoned by adopting pragmatic and justice-oriented approach, considering institutional decision-making process of Government - At stage of grant of leave, Court only examines whether proposed appeal raises arguable issues and is not frivolous or vexatious.
Statutory provision(s): Limitation Act, 1963 Section 5, Prevention of Corruption Act, Criminal Procedure Code (leave to appeal against acquittal)
State of Rajasthan v. Bheemrao Pinjare, (Raj) : Law Finder Doc Id # 3012545
