ORDER NO. 1 DT. 5.1.09

HON’BLE MR. JUSTICE A.CHAKRABARTI, PRESIDENT

Heard the Ld. Advocate for the petitioner.  It appears that the application has been filed for condonation of delay of 506 days in preferring the Appeal.  The impugned judgement is dated 20.6.07 and the certified copy shows that the same was delivered on 1.8.08 on the basis of an application made on that very date.  It also appears from the certified copy that the complainant and the OP No. 1 obtained such certified copy long back.  In explaining such long delay the petitioner has stated that he was suffering from various ailments from February, 2007 and, therefore, could not prefer the Appeal.  The medical certificate enclosed to the application was dated 30.11.08 whereby it is stated that the petitioner was suffering from Ostioarthritis, diabetes and hyper-thyroidism "for the last September’07".  Even accepting that the certificate means "from the last September’07" instead of "for the last September’07" we do not find any explanation for the period between 20.6.07 and 31.08.07.  The medical certificate says that on 30.11.08 the patient was still bed-ridden and was unable to move out of home.  But it is apparent that the certified copy was applied for and obtained on 1.8.08 and, therefore, the explanation given is not at all acceptable as the medical certificate apparently does not show the correct position.  Even we accept that the petitioner was having representative to obtain the certified copy during the period of his ailment, but no explanation was given as to the steps taken earlier.  In above view of the matter we dismiss the application for condonation of delay.    The application being dismissed, the Appeal also stands dismissed.