NEUTRAL CITATION
R/CR.MA/18206/2023 ORDER DATED: 11/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
18206 of 2023
In F/CRIMINAL APPEAL NO. 36146 of 2023
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SUJITKUMAR RAMBINAY MISTRY
Versus
STATE OF GUJARAT
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Appearance:
MR KALPESH M PANDIT(2713) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 11/10/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Rule. Learned APP waives service of notice of rule for the respondent State.
2. The present application has been filed for condoning the delay of 523 days in filling Criminal Appeal against the judgment and order dated 18.9.2020 passed by the learned Special Judge (POCSO), Surat in Special Case (POCSO) no.308 of 2017.
3. Since the applicant-convict is incarcerated in jail and is assailing his conviction and considering the averments made in the application, in the interest of justice, the delay of 523 days in filling Criminal Appeal against the judgment and order dated 18.9.2020 passed by the learned Special Judge (POCSO), Surat in Special Case Page 1 of 2 Downloaded on : Wed Oct 11 20:48:15 IST 2023 NEUTRAL CITATION R/CR.MA/18206/2023 ORDER DATED: 11/10/2023 undefined (POCSO) no.308 of 2017, deserves to be condoned and is hereby condoned.
4. The present application is allowed. Rule is made absolute to the aforesaid extent.
(A. S. SUPEHIA, J) (GITA GOPI,J) Maulik/21 Page 2 of 2 Downloaded on : Wed Oct 11 20:48:15 IST 2023