Anuj @ Sonu Murlidhar Varma vs State Of Gujarat

Gujarat High Court

Anuj @ Sonu Murlidhar Varma vs State Of Gujarat on 13 December, 2023

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                               NEUTRAL CITATION




     R/CR.MA/22116/2023                           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. 22116 of 2023
           In F/CRIMINAL APPEAL NO. 41430 of 2023
=============================================
                          ANUJ @ SONU MURLIDHAR VARMA
                                     Versus
                                STATE OF GUJARAT
=============================================
Appearance:
MR PV PATADIYA(5924) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
=============================================
 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 Respondent-State of Gujarat.

2. The present application has been filed by the applicant - original accused No.1 under Section 5 of the Limitation Act for causing delay of 2785 days in preferring the Criminal Appeal filed under Section 374 of the Criminal Procedure Code, 1973, against the judgment and order dated 05.02.2014 passed by 2nd Additional Sessions Judge, Ankleshwar, Dist. Bharuch, in Sessions Case No.38 of 2013 for the offences punishable under Section 302 of the Indian Penal Code, whereby, the Trial Court has convicted the present appellant for the offence punishable under Section 302 read with 114 of Indian Penal Code, 1860, by imposing rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine, further to suffer Simple imprisonment for six months.

NEUTRAL CITATION R/CR.MA/22116/2023 ORDER DATED: 13/12/2023 undefined

2. The present applicant had granted furlough leave on the ground of making financial assistance to his family. It is further submitted that after expiring the aforesaid period of furlough leave the applicant could not surrender before jail authorities and applicant declared as absconded and on that very reason present applicant could not make any procedure for filling of the appeal. Since the applicant being a poor and in absence of responsible persons in the family the appeal could not be preferred before this Court and therefore, present applicant made application to the Gujarat High Court Legal Aid Service Committee and the matter allotted to learned advocate on panel and after getting certified copy of impugned judgment and order along with Vakalatnama duly signed before the Jailor, immediately appeal has been filed before this Court.

3. Learned advocate for the applicant has submitted that the co-accused - Guddu Rajkumar Bharthi has preferred appeal before this Court, which has registered as Criminal Appeal No.1642 of 2016. He has submitted that if the appeal of the present applicant is heard along with the appeal of co-accused, there would be no loss to the respondent and even by condoning the delay the applicant would not get any undue benefit. On the contrary the applicant would get a great opportunity to prove his innocence and try to remove stigma and able to live a life with dignity.

4. Learned advocate for the applicant has submitted that on account of poor financial condition the applicant could not take proper instruction from the private advocate for filing appeal against the order of conviction. It is further submitted that he remained in jail as Under Trial Prisoner, and on account of the Page 2 of 3 Downloaded on : Thu Dec 14 20:42:37 IST 2023 NEUTRAL CITATION R/CR.MA/22116/2023 ORDER DATED: 13/12/2023 undefined aforesaid circumstances the appellant was prevented to filed appeal within the time limit as prescribed in the Limitation Act, and therefore, the delay caused in filing the appeal may be condoned in the large interest of justice. He has further submitted that vide order dated 21-08-2023 passed in Criminal Misc. Application No.14484 of 2023 in F/Criminal Appeal No.25507 of 2023, the Co-ordinate Bench of this Court has taken a lenient view by condoning delay of 3712 days. It is urged that the present application may be allowed and delay caused in filing the appeal may be condoned.

5. On the other hand, the learned Additional Public Prosecutor appearing on behalf of the respondent- State has opposed the present application, looking to the delay caused in filing the appeal and the nature of offence committed by the applicant convict.

6. Considering the submissions advanced by the learned advocate for the applicant, the avernments made in the application and since the applicant is assailing his conviction and is in jail, in the interest of justice, the delay of 2785 days in filling Criminal Appeal, deserves to be condoned.

7. The present application is allowed. The delay caused in filling Criminal Appeal is hereby condoned. Rule is made absolute to the aforesaid extent.

(A. S. SUPEHIA, J) (VIMAL K. VYAS, J) MAHESH/12 Page 3 of 3 Downloaded on : Thu Dec 14 20:42:37 IST 2023