JUDGMENT 1. 1. Office has raised an objection that the appeal is barred by 5 days. Learned counsel for the appellants, prays for two weeks time to move application under Section 5 of the Limitation Act. 2. The appeal was filed on 26th Aug.,1995 i.e. after the expiry of period of Limitation but still no application under Section 5 of the Limitation Act was filed along with the appeal. About three months have passed but no care was taken by the appellant to file an application under Section 5 of the Limitation Act for condonation of the delay. Even today learned Additional Advocate General prays for time to file an application..If the appellant would have been vigilant it could have file an application making out a case for the condonation of delay but no such action was taken by the appellants. In this view of the matter we do not think it proper to allow further time to the appellants to move an application under Section 5 of the Limitation Act. . 3. The appeal is barred by 5 days and no application under section 5 of the Limitation Act has been filed by the appellant for the condonation of delay as such no case for condonation of delay is made out and the appeal deserve dismissal on the point of Limitation. 4. Even otherwise also, we do not find any merit in this appeal and the same is deserve to be dismissed on merit also. 5. Consequently, the appeal of the State is dismissed as being barred by time as well as on merit.Appeal rejected. *******