NEUTRAL CITATION
R/CR.MA/15028/2023 ORDER DATED: 04/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
15028 of 2023
In F/CRIMINAL APPEAL NO. 27369 of 2023
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VISHAL BHATT (VISHAL DIPAK BHATT)
Versus
STATE OF GUJARAT
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Appearance:
MR PV PATADIYA(5924) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2
MS KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 04/10/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. RULE. Learned APP has waives service of rule for the respondent-State.
2. This application is filed for condoning the delay of 455 days in preferring Criminal Appeal challenging the judgment and order dated 21.02.2022 passed in Special Case (NDPS) No.1 of 2016 by the Additional Sessions Judge, City Civil & Sessions Court, Ahmedabad.
3. On 26.09.2023, this Court has passed below mentioned order:-
"Learned advocate Mr.Kishan Nai seeks time stating that the learned advocate Mr.Kartik Pandya would be filing his vakalatnama on behalf of respondent no.2.
Stand over to 04.10.2023."
4. Today, when the matter is called out, learned advocate for the applicant has informed the Court that he has already Page 1 of 2 Downloaded on : Fri Oct 06 20:38:54 IST 2023 NEUTRAL CITATION R/CR.MA/15028/2023 ORDER DATED: 04/10/2023 undefined informed learned advocate Mr.Kartik Pandya that the matter is listed today.
5. It is noticed by us that no Vakalatnama is filed by learned advocate Mr.Kartik Pandya on behalf of respondent no.2.
6. Learned advocate for the applicant has taken this Court to the averments made in Paragraph Nos.2 to 4 indicating the cause for delay in preferring the appeal.
7. Despite the issuance of notice, the respondent no.2-Union of India has neither chosen to appear before this Court nor any advocate has filed appearance on its behalf. Since the applicant is in Sabarmati Central Jail since 06.10.2015 and assailing his conviction and in absence of any appearance on behalf of respondent no.2, the present application is allowed. Delay of 455 days caused in preferring Criminal Appeal is condoned. Rule is made absolute to the aforesaid extent.
(A. S. SUPEHIA, J) (M. R. MENGDEY,J) GIRISH Page 2 of 2 Downloaded on : Fri Oct 06 20:38:54 IST 2023