Istiyad @ Darbar S/O Gulam Husain ... vs State Of Gujarat
2021 Latest Caselaw 3545 Guj

        R/CR.MA/3358/2021                                  ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 3358 of 2021
                               In
                 R/CRIMINAL APPEAL NO. 269 of 2021
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           ISTIYAD @ DARBAR S/O GULAM HUSAIN SHAIKH
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR UMANG H OZA(2440) for the Applicant(s) No. 1
MS C. M. SHAH, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI

                            Date : 26/02/2021
                             ORAL ORDER

1. Rule. Learned APP Ms. C. M. Shah waives service of notice of Rule on behalf of Respondent-State.

2. Present application has been filed by the applicant seeking condonation of delay of 1230 days occurred in filing Criminal Appeal against the judgment and order dated 03.09.2019 passed by the 3rd Additional Sessions Judge, Junagadh in Special N.D.P.S. Case No.2 of 2013, whereby the applicant has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years for the offence under section 20(B) read with section 29 of the N.D.P.S. Act.

3. It is sought to be submitted by learned Advocate Mr.Umang Oza for the applicant that the applicant is very poor and coming from very lower strata of the society and had no means of income to prefer the appeal. According to him,

R/CR.MA/3358/2021 ORDER

when the applicant had filed application seeking parole leave, the Court had directed him to obtain the legal aid and accordingly, he had obtained the legal aid, which had caused the delay.

4. Having regard to averments made in the application and to the submissions made by learned Advocate Mr. Oza for the applicant, though there is gross delay occurred in filing present application, the same is condoned in the interest of justice. Application is allowed. Rule is made absolute.

(BELA M. TRIVEDI, J) TUVAR