Bombay HC Rejects Plea Over 650-Day Delay, Fines Anti Corruption Bureau ₹50,000
The Bombay High Court has declined to condone a delay of 650 days in filing an appeal against an acquittal in a Prevention of Corruption Act case, observing that the Department of Law and Judiciary must function independently of pressure from other State departments.
A single-judge bench comprising Justice Mahendra Nerlikar, sitting at the Nagpur seat of the High Court, imposed costs of ₹50,000 on the Anti Corruption Bureau, Yavatmal district, while refusing to entertain the State's appeal.
The court observed that the Department of Law and Judiciary had initially denied permission to file the appeal in January 2024, terming the matter unfit for further challenge. Despite this formal refusal, the ACB continued to pursue the matter through senior officers and urged the department to grant leave to appeal.
Permission was eventually granted in July 2025. However, the Department of Law and Judiciary issued a communication stating that the instructions for filing the appeal were being issued solely at the department's risk, cost, and consequences.
Justice Nerlikar noted that the State failed to explain why it took from August 2023 to July 2025—a period of at least 1.7 years—to decide whether an appeal should be filed. The court held that the State provided no valid justification for the prolonged delay.
The bench emphasised that the Department of Law and Judiciary carries a higher degree of responsibility when scrutinising proposals for legal proceedings before courts. The court remarked that directing the filing of frivolous appeals increases the court's pendency and directly slows down the delivery of justice.
The judge added that the delay in examining the application and the clear lack of bona fides could not be justified by the nature of the case. Citing the department's communication dated July 15, 2025, the bench ruled that the State could not claim the delay stemmed from its own department's negligence, concluding that the application did not merit condonation.
