State Of Gujarat vs Solanki Haribhai Aalabhai
2021 Latest Caselaw 12253 Guj

     R/CR.MA/5294/2020                                 ORDER DATED: 24/08/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 5294 of 2020
            In R/CRIMINAL MISC.APPLICATION NO. 5296 of 2020
                                  With
                   R/CRIMINAL APPEAL NO. 449 of 2020
                                  With
              R/CRIMINAL MISC.APPLICATION NO. 5296 of 2020
                    In CRIMINAL APPEAL NO. 449 of 2020
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                             STATE OF GUJARAT
                                   Versus
                         SOLANKI HARIBHAI AALABHAI
==========================================================
Appearance:
MS CM SHAH APP for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
       and
       HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                           Date : 24/08/2021
                            ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

ORDER IN CR.M.A. NO. 5294 of 2020

Seeking the condonation of delay of 33 days in preferring the Criminal Appeal, this application under Section 5 of the Limitation Act has been preferred.

2. This is an application by the original complainant, who was aggrieved by the judgment and order of acquittal of the accused for the offence punishable under Section 302 of the Indian Penal Code and hence, preferred the appeal under Section 378 of the Criminal Procedure Code where delay is caused of 33 days. In para-4, chronological details have been explained by the applicant.

R/CR.MA/5294/2020 ORDER DATED: 24/08/2021

3. The Court issued Rule on 13.3.2020 (Coram: A.J.Desai, J. and A.C.Rao, J.).

4. Learned APP Ms. C.M.Shah and learned advocate Mr. Mahesh Poojara have been heard.

5. As the delay of 33 days has been sufficiently explained by the State, the request for condoning such delay is acceded to. We are satisfied with the explanation as sufficient grounds are made out by the State and hence, following order is passed:

5.1 The application is allowed condoning delay of 33 days.

Rule is made absolute.

ORDER IN CR.A.No.449 of 2020 & CR.M.A. No.5296 of 2020.

Learned APP Ms. C.M.Shah needs certain instructions and she requires time.

Let the matters be posted on 3.9.2021.

(SONIA GOKANI, J)

(RAJENDRA M. SAREEN,J) KAUSHIK D. CHAUHAN