Kunjalben W/O Manishbhai Valvi vs State Of Gujarat
2021 Latest Caselaw 12398 Guj

     R/CR.MA/12623/2021                          ORDER DATED: 25/08/2021




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 12623 of 2021
                              In
               R/CRIMINAL APPEAL NO. 981 of 2021

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         KUNJALBEN W/O MANISHBHAI VALVI
                      Versus
            STATE OF GUJARAT & 1 others
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Appearance:
MR NM BHAVSAR(3517) for the Applicant(s) No. 1
MS SHWETA S LODHA(10592) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS. C.M. SHAH, APP (2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
       and
       HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                          Date : 25/08/2021

                            ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. Rule returnable forthwith. Ms. Shah, learned APP waives service of notice of rule on behalf of the respondent - State.

2. This is an application under Section-5 of the Limitation Act read with Section 482 of the Code of Criminal Procedure, 1973 for condonation of delay in preferring the Criminal Appeal filed against the judgment and order of acquittal dated 30 th March, 2019 passed in Sessions Case no.243 of 2015 by the learned Additional Sessions Judge, City Civil and Sessions Court, Court no.21 whereby the opponent no.2 has been acquitted for the offences punishable under Section 376, 354, 452, 323, 294(b) and 506(2) of the Indian Penal Code, 1860.

R/CR.MA/12623/2021 ORDER DATED: 25/08/2021

3. According to the applicant, on account of the willful and deliberate default on the part of the applicant, the delay has not been occasioned. In such cases, since the Supreme Court has held that there should be a liberal approach on the part of the Court and a request is made to condone the delay of 291 days, which has occurred due to the restrictions imposed by the State in the process of filing the captioned Criminal Appeal and much time was consumed and this being attributed to the pandemic on account of the Covid-19 virus.

4. Ms. Shweta Lodha, learned advocate and Ms. Shah, learned APP have been heard.

5. We convinced by the sufficiency of the reasons, which have been put forth. We are inclined to condone the delay of 291 days caused in preferring the Criminal Appeal. Present application is allowed. Delay is condoned. Rule is made absolute.

(SONIA GOKANI, J.)

(RAJENDRA M. SAREEN, J.) AMAR RATHOD...