Rameshbhai Jivrajbhai Kunatiya vs State Of Gujarat
2021 Latest Caselaw 2538 Guj

        R/CR.MA/21888/2019                                               ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION NO. 21888 of 2019

         In R/CRIMINAL MISC.APPLICATION NO. 21884 of 2019

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                    RAMESHBHAI JIVRAJBHAI KUNATIYA
                                Versus
                          STATE OF GUJARAT
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Appearance:
MS ROOPAL R PATEL(1360) for the Applicant(s) No. 1
DELETED(20) for the Respondent(s) No. 3
MR HARESH N JOSHI(1871) for the Respondent(s) No. 2,4
MS. C.M. SHAH, APP, (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI

                                   Date : 17/02/2021

                                    ORAL ORDER

1. The application has been filed by the applicant seeking condonation of delay of 388 days occurred in filing the Criminal Appeal against the judgment and order dated 30.08.2018 passed by the Additional Judicial Magistrate First Class, Upleta in Criminal Case No. 694 of 2005, whereby the trial court has acquitted the respondents from the charges levelled against them.

2. Learned advocate Ms. Patel for the applicant submits that the applicant has narrated the reasons for delay in detail in his application and the same be considered for condonation of

R/CR.MA/21888/2019 ORDER

delay. However, the learned advocate Mr. Joshi for the respondents relying upon the affidavit of the respondent No. 2, objected the condonation of delay on the ground that the delay has not been properly explained by the applicant.

3. Having regard to the submissions of the learned advocates for the parties and to the contents of the application, the delay of 388 days occurred in filing the Appeal, is condoned in the interest of justice. The application is allowed accordingly. Rule is made absolute.

(BELA M. TRIVEDI, J) AMAR SINGH