IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.145 of 2008 THE STATE OF BIHAR & ORS Versus RAMESH KUMAR YADAV @ RAMESH YADAV & ANR ----------- For the appellants : Mr.Amarnath Deo, SC 10 Mr. Ranjeet Sinha, JC to SC 10 -------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---- Dated, the 1st July, 2008. The appeal suffers from delay of about 766 days. Although an application for condonation of delay ( I.A.No.1041/08) has been made, upon careful consideration of the facts stated therein, we do not find that any sufficient cause explaining such long delay has been made out. 2. The order impugned in this appeal came to be passed by the Single Judge on 10th of November, 2005. Copy thereof was received by the appellant on 26.11.2005. It is stated that a letter was sent to D.I.G., Human Rights, Patna by S.D.P.O. on 22nd December, 2005. The consent of I.G. Incharge is said to have been sent on 23rd March, 2006 which was received by the S.D.P.O on 24.03.2006. The proposal for filing LPA was sent on 11th of April, 2006. Still for about 21 months, the appeal was not filed. Although reminders are claimed - 2 - to have been sent by S.D.P.O to the concerned authorities, the crux of the matter is that nothing was done. Long delay of more than two years remains unexplained. Even if we consider the application with liberal approach and the fact that the appellants are the State Government and its functionaries and the decision is taken at various levels, we find that in the present case, the application for condonation of delay does not set out justifiable cause much less sufficient cause for condonation of delay. 2. The application for condonation of delay is accordingly rejected. 3. Since the appeal is barred by time and the application for condonation of delay has been rejected by us, the appeal is liable to be dismissed as time barred and we order accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil