The Rajasthan High Court has condoned a 130-day delay by the State in filing an application seeking leave to appeal against an acquittal in a case under the Prevention of Corruption Act.

Justice Farjand Ali observed that a pragmatic and justice-oriented approach was warranted while examining the explanation for the delay, particularly when the challenge concerned an acquittal in a corruption case.

The Court noted that the State, unlike an individual litigant, functions through an administrative process involving decision-making, file movement and approvals. These steps, it said, may cause delay in taking a final decision and instituting proceedings.

“The decision-making process, processing of files and obtaining requisite approvals necessarily involve movement of the matter from one official to another and from one administrative level to another. Such procedural requirements, inherent in the functioning of the Government, may occasion some delay in taking a final decision and instituting proceedings before the Court.”

The Court added that the State does not pursue litigation to advance a personal or private interest, but in discharge of its public duties and institutional responsibilities.

It clarified that leave to appeal is not automatic or a matter of right, but rests within the appellate court's discretion. At this stage, the Court is not required to undertake a detailed examination of the merits; it must consider whether the proposed appeal raises arguable issues or substantial questions warranting appellate consideration.

After perusing the trial court's judgment, the High Court found reasonable grounds to permit the State to appeal and held that the proposed challenge was neither frivolous nor vexatious.

Accordingly, it condoned the 130-day delay and allowed the application seeking leave to appeal. The leave application was directed to be treated as an appeal and registered as such. The Court said the respondents would be heard when the appeal is considered for admission.