Gujarat High Court
Radheshyambhai Maganbhai Makwana vs State Of Gujarat on 1 September, 2025
NEUTRAL CITATION
R/CR.MA/13380/2025 ORDER DATED: 01/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY)
NO. 13380 of 2025
In F/CRIMINAL APPEAL NO. 24040 of 2025
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RADHESHYAMBHAI MAGANBHAI MAKWANA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HITESH S PADHYA(3877) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
and
HONOURABLE MR.JUSTICE D. M. VYAS
Date : 01/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY) This petition under Section 5 of the Limitation Act is filed seeking condonation of delay of 43 days in preferring the appeal against the judgment of acquittal.
Heard learned Counsel for the petitioner, learned APP Mr. Tirthraj Pandya for the respondent no.1/State and learned Counsel Mr. Suresh Chaudhary, appearing on behalf of Mr. Sanjay Prajapati, learned Counsel, who offered to file vakalatnama for respondent no.2 stating that he got instructions to appear on his behalf. It is submitted that he will file vakalatnama today in the registry. Registry is Page 1 of 2 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Tue Sep 02 2025 Downloaded on : Tue Sep 02 22:39:46 IST 2025 NEUTRAL CITATION R/CR.MA/13380/2025 ORDER DATED: 01/09/2025 undefined directed to permit him to file vakalatnama and receive the same today.
It is an appeal preferred against the judgment of acquittal relating to the offence punishable under Section 307 of IPC by the victim. There is a delay of 43 days in preferring the appeal. It is explained stating that as the petitioner is poor person, that in making arrangements for securing money to prefer appeal, the said delay took place and it is not deliberate. The said explanation offered by the petitioner is not seriously opposed by the respondent no.2, who only took a formal objection relating to the same. Therefore, we deem it appropriate to condone the delay in preferring the appeal.
Resultantly, the petition is allowed condoning the delay of 43 days in filing the appeal.
(CHEEKATI MANAVENDRANATH ROY, J) (D. M. VYAS, J) Anuj Page 2 of 2 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Tue Sep 02 2025 Downloaded on : Tue Sep 02 22:39:46 IST 2025