Mahesh @ Mayalo Jitubhai @ Kaka ... vs State Of Gujarat
2022 Latest Caselaw 4007 Guj

    R/CR.MA/249/2022                                ORDER DATED: 05/04/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 249 of 2022

                       In R/CRIMINAL APPEAL NO. 23 of 2022

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             MAHESH @ MAYALO JITUBHAI @ KAKA SOLANKI
                             Versus
                       STATE OF GUJARAT
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MR. YOGENDRA THAKORE(3975) for the Applicant(s) No. 1
MR HARDIK SONI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE B.N. KARIA

                                Date : 05/04/2022

                                  ORAL ORDER

Rule. Learned APP waives service of notice of Rule for

and on behalf of the respondent - State.

By way of this application, the applicant has prayed for

condonation of delay of 1354 days caused in preferring

Criminal Appeal No.23 of 2022.

Heard learned advocate for the applicant and learned

learned Additional Public Prosecutor for the respondent-State.

Learned counsel for the applicant submits that there is a

delay of 1354 days in preferring the main Criminal Appeal

No.23 of 2022 before this Court. The said delay was neither

intentional nor deliberate nor due to negligence on the part of

R/CR.MA/249/2022 ORDER DATED: 05/04/2022

any concerned person/persons, but has occurred in

complying with the procedural formalities in the matter.

Learned APP for the respondent-State has raised

objection and requested to dismiss present application.

Having gone through the averments made in this

application as well as those made out before this Court, it

appears that co-accused viz. Vijay Rajeshbhai @ Rudi Parmar

has preferred Criminal Appeal No.1532 of 2016 against the

same judgment and order of conviction passed by the learned

Trial Court which has been admitted by this Court and is

pending for final hearing. Further, it appears that co-accused

viz. Vijay Rajeshbhai @ Rudi Parmar was granted bail under

Section 389 of the Code of Criminal Procedure, 1973 vide

order dated 10.10.2018 in Criminal Misc. Application No.9 of

2018 in Criminal Appeal No.1532 of 2016. For the reasons

stated by learned advocate for the applicant as he received the

copy of the judgment and it was misplaced, then he contacted

the High Court Legal Service Committee and procedure to

engage an advocate and prepare the drafting has taken time,

prayer made by the present applicant to condone the delay

requires consideration and delay of 1354 days which had

occurred in filing the main Criminal Appeal No.23 of 2022

R/CR.MA/249/2022 ORDER DATED: 05/04/2022

appears to have been sufficiently explained.

Accordingly, the delay occurred in preferring the main

Criminal Appeal No.23 of 2022 is hereby condoned.

Criminal Misc. Application stands allowed and

accordingly disposed of. Rule nisi made absolute to the

aforesaid extent.

(B.N. KARIA, J) rakesh/