NEUTRAL CITATION
R/CR.MA/13076/2023 ORDER DATED: 21/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13076 of 2023
In F/CRIMINAL APPEAL NO. 25676 of 2023
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MALRAJ @ DEPO S/O LAKHAN HADABHAI HAJANI
Versus
STATE OF GUJARAT
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Appearance:
MS URVASHI K MEHTA(11469) for the Applicant(s) No. 1
MS CM SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 21/08/2023
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for respondent - State.
2. This application is filed by the applicant under Section 5 of the Limitation Act for condonation of delay of 267 days caused in preferring Criminal Appeal.
3. Heard learned advocate Ms.Urvashi K. Mehta for the applicant and learned APP Ms.C.M. Shah for respondent - State.
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NEUTRAL CITATION R/CR.MA/13076/2023 ORDER DATED: 21/08/2023 undefined
4. On the first adjournment date, this Court had asked the applicant to file additional affidavit with regard to explain the delay caused in preferring the Criminal Appeal as there was no sufficient explanation rendered by the applicant.
5. Learned advocate for the applicant submitted that she was unable to contact the applicant and therefore, the additional affidavit could not be filed.
6. Learned APP Ms.Shah appearing for the respondent - State has objected the present application as there was no sufficient reasons stated in the application.
7. Considering the averments made in the application and considering the judgment of the Hon'ble Apex Court, the present application is hereby allowed. The delay of 267 days caused in preferring the Criminal Appeal is hereby condoned. Rule is made absolute.
(HEMANT M. PRACHCHHAK,J) Dolly Page 2 of 2 Downloaded on : Sun Sep 17 01:54:40 IST 2023