Gujarat High Court
Rajubhai Popatbhai @ Jivabhai Rathod vs State Of Gujarat on 13 December, 2023
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
R/CR.MA/22141/2023 ORDER DATED: 13/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
DELAY) NO. 22141 of 2023
In F/CRIMINAL APPEAL NO. 44126 of 2023
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RAJUBHAI POPATBHAI @ JIVABHAI RATHOD
Versus
STATE OF GUJARAT
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Appearance:
MR EKANT G AHUJA(5323) for the Applicant(s) No. 1,2,3,4,5
MS KRINA P. CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 13/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Rule. Learned APP waives service of notice of rule for the respondent State.
2. The present application has been filed for condoning the delay of 75 days in filling Criminal Appeal against the judgment and order dated 24.07.2023 passed by Additional District and Sessions Judge, Bhavnagar in Sessions Case No.33 of 2014.
3. Since the applicant-convict is incarcerated in jail and is assailing his conviction and considering the averments made in the application, in the interest of justice, the delay of 75 days in filling Criminal Appeal against the judgment and order dated 24.07.2023 passed by Additional District and Sessions Judge, Page 1 of 2 Downloaded on : Wed Dec 13 20:46:42 IST 2023 NEUTRAL CITATION R/CR.MA/22141/2023 ORDER DATED: 13/12/2023 undefined Bhavnagar in Sessions Case No.33 of 2014, deserves to be condoned and is hereby condoned.
4. The present application is allowed. Rule is made absolute to the aforesaid extent.
(A. S. SUPEHIA, J) (VIMAL K. VYAS, J) MAHESH/13 Page 2 of 2 Downloaded on : Wed Dec 13 20:46:42 IST 2023