NEUTRAL CITATION
R/CR.MA/14484/2023 ORDER DATED: 21/08/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 14484 of 2023
In F/CRIMINAL APPEAL NO. 25507 of 2023
==========================================================
JAGDISHBHAI BABALBHAI ANDHRE
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR PV PATADIYA(5924) for the Applicant(s) No. 1
MR. K.M.ANTANI, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 21/08/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Rule returnable forthwith. Learned APP Ms. K.M.Antani appears and waives service of notice of Rule on behalf of the Opponent - State of Gujarat.
2. At the outset, learned Advocate Mr. P.V.Patadiya appearing for the Applicant has submitted that Criminal Appeal of the co-accused [i.e. Accused No.2 - Rohiniben @ Munni Mukeshbhai Machhi] being Criminal Appeal No. 562 of 2011 has already been dismissed by this Court vide judgment and order dated 10.6.2016. He further submitted that the Appellant could not take proper instructions from the private Advocate for filing an Appeal against the order of conviction and he remained in jail as under-trial prisoner. It is filed through High Court Legal Aid Committee. In support of his submission, he has placed reliance on the order dated 11.12.2020 passed in Criminal Miscellaneous Application No. 18945 of 2020 in Criminal Appeal No. 1246 of 2020 and Page 1 of 2 Downloaded on : Sun Sep 17 01:52:59 IST 2023 NEUTRAL CITATION R/CR.MA/14484/2023 ORDER DATED: 21/08/2023 undefined submitted that in an identical set of facts, the Division Bench of this Court has condoned the delay of 3378 days in filing the Criminal Appeal.
3. The present Application has been filed for condonation of delay of 3712 days in filing the captioned Criminal Appeal.
4. From the record, it appears that the Applicant had requested to the High Court Legal Aid Committee for being provided an Advocate for preferring the Appeal against the impugned judgment and order. Thereafter the same has already been allotted to learned Advocate Mr. P.V.Patadiya and as such he has filed the present Appeal immediately.
5. Having regard to the merits and looking to the fact that the Appeal of the co-accused is already dismissed by this Court, delay of 3712 days in filing the captioned Appeal is condoned. Rule is made absolute. Registry is directed to list the Appeal on 5.9.2023. Learned Advocate Mr. Padadiya shall supply the Paper-Book.
(A. S. SUPEHIA, J) (M. R. MENGDEY,J) J.N.W / 31 Page 2 of 2 Downloaded on : Sun Sep 17 01:52:59 IST 2023