Dharmendrabhai @ Dhamabhai ... vs State Of Gujarat

                                                                              NEUTRAL CITATION




     R/CR.MA/19605/2023                          ORDER DATED: 03/11/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         19605 of 2023
       In F/CRIMINAL MISC.APPLICATION NO. 38742 of 2023


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         DHARMENDRABHAI @ DHAMABHAI VAJUBHAI MAKWANA
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR. BAKUL S PANCHAL(3676) for the Applicant(s) No. 1
MS MANSI S PANCHAL(12033) for the Applicant(s) No. 1
MS VRUNDA C.SHAH, 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 : 03/11/2023

                             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 has been filed under Section 5 of the Limitation Act for condoning the delay of 27 days caused in filing the Criminal Misc. Application for restoration of the F/Criminal Appeal No.14803 of 2023 preferred against the judgment and order of conviction dated 18 th October 2022 passed by the learned 7th Additional District & Sessions Judge, Ahmedabad (Rural), at Dholka, in Sessions Case No.30 of 2021.

NEUTRAL CITATION R/CR.MA/19605/2023 ORDER DATED: 03/11/2023 undefined

3. Learned advocate for the applicant-convict submitted that since the certified copy of the order was not available, therefore, the objection could not be removed. Hence, the delay has been occasioned. He, therefore, requested that since the delay is not intentional or deliberate, the same may be condoned by allowing the application.

4. Having regard to the submissions advanced by the learned advocate for the applicant-convict as well as the averments made in the application and in the interest of justice, the delay of 27 days caused in filing the Criminal Miscellaneous Application for restoration of the F/Criminal Appeal No.14803 of 2023 deserves to be and is hereby condoned.

5. The present Criminal Misc. Application stands allowed. Rule made absolute.

(A. S. SUPEHIA, J.) (VIMAL K. VYAS, J.) /MOINUDDIN Page 2 of 2 Downloaded on : Mon Nov 06 20:38:41 IST 2023