Gujarat High Court
Shivabhai Virsingbhai Vaghari vs State Of Gujarat on 13 December, 2023
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
R/CR.MA/16336/2023 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.
16336 of 2023
In F/CRIMINAL APPEAL NO. 30167 of 2023
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SHIVABHAI VIRSINGBHAI VAGHARI
Versus
STATE OF GUJARAT
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Appearance:
MR KRUNAL G PATEL(8525) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 3
MS. KRINA CALLA, APP for the Respondent(s) No. 1
MR. VISHAL K ANANDJIWALA(7798) for the Respondent(s) No. 2
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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. When the matter is called out, learned advocate Mr. Krunal Patel for the applicant is present. However, learned advocate Mr. Vishal Anandjiwala for the respondent No.2 is not present.
2. The present application is filed seeking condonation of 140 days in preferring the captioned Criminal Appeal.
3. Learned advocate Mr. Krunal Patel for the applicant has submitted that the applicant is coming from very poor family and the applicant is not well educated and he is not aware about filing of the Criminal Appeal challenging the impugned judgment and order passed by the learned 3rd Additional Sessions Judge, Anand dated 23.1.2023, acquitting the respondent Nos. 2 and 3 from the Page 1 of 2 Downloaded on : Thu Dec 14 20:42:34 IST 2023 NEUTRAL CITATION R/CR.MA/16336/2023 ORDER DATED: 13/12/2023 undefined offence for which they were charged. He has submitted that the applicant has strong prima- facie case and he hopefully succeeding in the same. He urged that in the interest of justice, condone the delay of 140 days.
4. Learned advocate Mr. Patel has submitted that the applicant has challenged the judgment and order passed by the learned 3 rd Additonal Sessions Judge, Anand, dated 23.01.2023 in the Sessions Case No.82 of 2019 below Exh.101, whereby the learned Trial Court has released the respondent Nos. 2 and 3 - Original Accused Nos. 1 and 2 from the charge of the offence punishable under Sections 302 and 114 of the Indian Penal Code, 1860 and under Sections 25(1)(a)(b) and 27 of the Arms Act.
5. Having regard to the submissions made by the learned advocate and more particularly, status of the present applicant, who is the original -complainant and in fact that the averments made in the application has remained uncontroverted and the respondent has not filed any affidavit-in-reply.
6. The present application is allowed. The delay of 140 days in preferring the above captioned Criminal Appeal is condoned.
(A. S. SUPEHIA, J) (VIMAL K. VYAS, J) prk Page 2 of 2 Downloaded on : Thu Dec 14 20:42:34 IST 2023