NEUTRAL CITATION
R/CR.MA/14916/2023 ORDER DATED: 28/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 14916 of 2023
In F/CRIMINAL APPEAL NO. 25392 of 2023
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NARESH JAGDISHBHAI VAGHELA
Versus
STATE OF GUJARAT
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Appearance:
MR TARUN H RAWAT(13044) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 28/08/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Rule. Learned Assistant Government Pleader waives service of Rule for the respondent - State.
2. The present application has been filed seeking condonation of delay of 411 days in filing the captioned appeal.
3. Learned advocate for the applicant has submitted that the delay caused in preferring the appeal as the applicant was in judicial custody since 08.10.2015 after passing of the impugned judgment and order. Thus, it is submitted that the applicant was unable to contact the advocate for filing of the appeal. It is submitted that the father of the applicant had died and the applicant has only his mother and younger brother in the family and no one has contacted the advocate to file an appeal and hence, Page 1 of 2 Downloaded on : Sun Sep 17 02:41:44 IST 2023 NEUTRAL CITATION R/CR.MA/14916/2023 ORDER DATED: 28/08/2023 undefined the applicant is unable to file appeal within limitation. It is submitted that thereafter, when the applicant was granted parole in the month of June, 2023, he contacted the advocate and gave required and necessary case papers to the advocate and thereafter, the appeal was drawn and filed before this Court.
4. Considering the submissions advanced by the learned advocate for the applicant and the avernments made in the application, this Court is of the considered opinion that the delay caused in filing the captioned appeal is required to be condoned as the applicant is in jail. In the interest of justice, the delay of 411 days caused in filing the captioned appeal is hereby condoned.
5. The present Civil Application is allowed. Rule is made absolute.
Sd/-
(A. S. SUPEHIA, J) Sd/-
(M. R. MENGDEY,J) ABHISHEK/44 Page 2 of 2 Downloaded on : Sun Sep 17 02:41:44 IST 2023