Rajhingbhai Mathurbhai Mavi vs State Of Gujarat
2021 Latest Caselaw 7868 Guj

     R/CR.MA/10615/2021                               ORDER DATED: 06/07/2021




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
        R/CRIMINAL MISC.APPLICATION NO. 10615 of 2021
              In R/CRIMINAL APPEAL NO. 841 of 2021
                              With
                R/CRIMINAL APPEAL NO. 841 of 2021
                              With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                            1 of 2021
              In R/CRIMINAL APPEAL NO. 841 of 2021
==========================================================
                          RAJHINGBHAI MATHURBHAI MAVI
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MR NEERAJ SONI(3433) for the Applicant(s) No. 1
MS JIRGA JHAVERI, ADDL.PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
       and
       HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
                     Date : 06/07/2021
                      ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. Rule, returnable forthwith. Learned APP waives

service of notice of Rule for and on behalf of the

respondent-State.

2. The applicant is original accused in Sessions Case

No.62 of 2018 and is convicted by the learned Sessions

Judge, Dahod for the offence punishable under Section

302 of the Indian Penal Code vide its judgment and order

of conviction dated 04.12.2019.

3. This is an application for condonation of delay of 41

R/CR.MA/10615/2021 ORDER DATED: 06/07/2021

days in preferring the criminal appeal under Section 5 of

the Limitation Act.,

3.1 The Deputy Superintendent, Central Jail, Vadodara

had addressed a letter dated 04.05.2021 to the Secretary,

High Court Legal Aid Committee. The office of the High

Court Legal Aid Committee has handed over the papers

sent by the Deputy Superintendent, Central Jail, Vadodara

to the advocate on 12.05.2021.

3.2 The financial condition of the applicant is very poor

and he has no work except sundry agricultural work. It

was impossible for him to engage the private advocate by

paying professional charge. The delay caused in filing the

appeal was due to the financial hardship of the present

applicant. Initial application was for condoning the delay of

548 days.

3.3 Revised application has also been tendered by the

learned advocate after receiving the details from the

Registry.

4. On hearing the learned advocate, Mr.Niraj Soni

R/CR.MA/10615/2021 ORDER DATED: 06/07/2021

appearing for applicant and learned APP for respondent-

State and being satisfied with the explanation given by

the applicant for the delay, which has been caused in

preferring the present appeal, we are inclined to condone

the delay of 41 days.

5. The application preferred under Section 5 of the

Limitation Act is allowed. Delay of 41 days is condoned.

Rule is made absolute accordingly.

6. Learned advocate, Mr.Niraj Soni makes a request for

the matter to be posted for hearing on 22.07.2021.

7. Request is acceded to. Let the papers of Sessions

Case No.62 of 2018 be supplied to the learned advocate,

Mr.Niraj Soni.

8. The matter shall be heard for the purpose of

admission as well as for suspension of sentence on

22.07.2021.

(SONIA GOKANI, J)

(RAJENDRA M. SAREEN,J) M.M.MIRZA