State Of Gujarat vs Harish Savjibhai Jagatiya
2021 Latest Caselaw 5792 Guj

      R/CR.MA/5980/2021                               ORDER DATED: 10/06/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 5980 of 2021

             In R/CRIMINAL MISC.APPLICATION NO. 5979 of 2021

                                  With
               R/CRIMINAL MISC.APPLICATION NO. 5979 of 2021
                                   In
                     CRIMINAL APPEAL NO. 454 of 2021
=============================================
                              STATE OF GUJARAT
                                    Versus
                          HARISH SAVJIBHAI JAGATIYA
=============================================
Appearance:
MRS.KRINA CALLA APP(2) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1
=============================================

 CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA

                               Date : 10/06/2021

                         ORAL ORDER

ORDER IN R/CRIMINAL MISC.APPLICATION NO. 5980 of 2021

[1] The applicant has filed this application under Section 5 of the Limitation Act with prayer to condone the delay of 390 days caused in filing Criminal Appeal No.454 of 2021.

[2] Though served, none appears for the respondent ­original accused.

[3] Heard Mrs.Krina Calla, learned APP for the applicant - State.

[4] Having heard learned APP for the applicant and having gone through the averments made in this application, the applicant has explained sufficient cause to condone the delay, and therefore, delay of 390 days is condoned.

R/CR.MA/5980/2021 ORDER DATED: 10/06/2021

[5] The present Criminal Misc. Application stands disposed of accordingly. Rule is made absolute.

ORDER IN R/CRIMINAL MISC.APPLICATION NO. 5979 of 2021

[1] This is an application preferred by the applicant under section 378 (1) (3) of the Code of Criminal Procedure 1973 for leave to appeal against the judgment and order of acquittal dated 20.11.2018 passed in Special (ACB) Case No.12 of 2011 by learned Special Judge, City Civil & Sessions Court, Ahmedabad.

[2] Heard Mrs.Krina Calla, learned APP for the applicant - State.

[3] Considering the averments made in the application supported by the affidavit as well as arguments advanced by learned advocate for the applicant, it appears that leave to appeal deserves to be granted. Accordingly, this application is allowed in terms of Para 6(b).

(ILESH J. VORA,J) Manoj