Gujarat High Court
Devendrabhai Aatmarambhai Raval vs Barot Dhirubhai Vadilal on 18 December, 2023
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
R/CR.MA/17343/2023 ORDER DATED: 18/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
17343 of 2023
In F/CRIMINAL APPEAL NO. 33540 of 2023
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DEVENDRABHAI AATMARAMBHAI RAVAL
Versus
BAROT DHIRUBHAI VADILAL
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Appearance:
DHARMESH D NANAVATY(2396) for the Applicant(s) No. 1
MR ADITYA P MISTRI(11315) for the Applicant(s) No. 1
MR. YOGENDRA THAKORE(3975) for the Respondent(s) No.
1,10,2,3,4,5,6,7,8,9
MR BHARGAV PANDYA, APP for the Respondent(s) No. 11
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 18/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. RULE. Learned APP waives service of notice of rule for and on behalf of the respondent - State.
2. The present application is filed under Section 5 of the Limitation Act, seeking condonation of delay of 94 days caused in preferring the captioned Criminal Appeal.
3. Learned advocate for the applicant has submitted that the applicant-appellant has preferred the captioned Criminal Appeal Page 1 of 3 Downloaded on : Mon Dec 18 20:47:07 IST 2023 NEUTRAL CITATION R/CR.MA/17343/2023 ORDER DATED: 18/12/2023 undefined challenging the judgment and order of acquittal dated 29.3.2023 passed by the learned 4 th Additional Sessions Judge, Mehsana in Sessions Case No.87 of 2017.
4. It is submitted that by way of aforesaid judgment and order dated 29.3.2023, the learned Sessions Judge acquitted the respondents nos.1 to 10 for the offences punishable under Sections 143, 147, 148, 149, 395, 397, 120-B, 504, 427 of the Indian Penal Code and under Section 135 of the Gujarat Police Act.
5. It is submitted that on the very date, i.e. 29.3.2023, the present applicant was convicted by the learned 4 th Additional Sessions Judge, Mehsana in Sessions Case No.51 of 2020 for the offences punishable under Sections 323 and 114 of the Indian Penal Code, wherein and whereby the learned Sessions Judge was pleased to release the applicant on probation for the period of two years.
6. It is submitted that, thereafter the applicant sought necessary legal opinion and preferred the appeal against the aforesaid order. It is submitted that for arranging the necessary Page 2 of 3 Downloaded on : Mon Dec 18 20:47:07 IST 2023 NEUTRAL CITATION R/CR.MA/17343/2023 ORDER DATED: 18/12/2023 undefined funds for engaging the lawyer and obtaining the certified copy of the judgment the delay has occasioned.
7. Having regard to the submissions advanced by the learned advocate for the applicant as well as the averments made in the application, in the interest of justice, the delay of 94 days caused in preferring the Criminal Appeal is condoned. The present application stands allowed. Rule made absolute.
(A. S. SUPEHIA, J.) (VIMAL K. VYAS, J.) /MOINUDDIN Page 3 of 3 Downloaded on : Mon Dec 18 20:47:07 IST 2023