Gujarat High Court
Mustufa Tahirali Lightwala Daudi ... vs State Of Gujarat on 7 April, 2022
Bench: Mauna M. Bhatt
R/CR.MA/1489/2022 ORDER DATED: 07/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1489 of 2022
In R/CRIMINAL APPEAL NO. 132 of 2022
With
R/CRIMINAL APPEAL NO. 132 of 2022
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2022
In R/CRIMINAL APPEAL NO. 132 of 2022
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MUSTUFA TAHIRALI LIGHTWALA DAUDI VOHRA
Versus
STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 07/04/2022
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
ORDER IN CRIMINAL MISC.APPLICATION NO. 1489 of 2022
1. Rule returnable forthwith. Learned Additional Public
Prosecutor waives service of notice of rule on behalf of
respondent-State.
2. The applicant is original accused of Sessions Case No. 265
of 2012, where he was alleged of commission of offences
punishable under Sections 302, 365, 342, 201, 120B etc. of the
Indian Penal Code ("I.P.C." for short). The judgment and order of
learned Additional Judge, Court No. 20, Ahmedabad in Sessions
R/CR.MA/1489/2022 ORDER DATED: 07/04/2022
Case No. 265 of 2012 came on 01.02.2014. There is a huge delay
of 2173 days in preferring the appeal inasmuch as, this delay
according to the applicant, is attributable to his sole conduct since
he was absonding for all these days after he was released on
parole leave by IG Prison for a period of 7 days on 24.09.2015,
which was extended for 3 days further on 09.10.2013 and never
surrendered thereafter.
3. It does not despute that because of his absondance status,
the State has cause but the applicant has attempted to justify the
cause by saying that he has lost his both parents in 2015 and 2017
and the wife was continuously on medical treatment on account of
her gynaec problems. The medical papers are also placed on the
record. He was earning the livelihood by carrying out the electric
work. He though may not be in a position to justify the law on
delaying. Not having reverted back to the jail. Reliace is placed on
the decision of the Hon'ble Apex Court rendered in the case of
Surendra Munda Vs. State of Odisha reported in 2020 (16) SCC
442.
4. We have heard the learned advocate Mr. Pratik Barot for the
applicant and learned Additional Public Prosecutor for the
respondent-State.
R/CR.MA/1489/2022 ORDER DATED: 07/04/2022
5. We could notice the huge delay which has occurred on
account of the conduct of the applicant himself, that itself should
be the ground for not entertaining this application, but for the fact
that he is convicted in a serious offence under Section 302 of the
IPC and this being the first appeal denying him on this count would
tentamount to denying him the right to preferring an appeal, which
every convict would have. More particularly, when he has chosen
to approach this Court, of course, by taking the law in the hands
nevertheless his entitlement to prefer an first criminal appeal
against judgment and order will necessary to be passed with of
course a cost.
6. Resultantly, applicant is weighing circumstances would
surely guide us and acceding to the request of condoning the
delay of 2173 days. Rule is accordingly made absolute with the
cost of Rs. 10,000/-. Let the amount be deposited with the corpus
handled by the Member Secretary, Legal Services Authority and
amount shall be used for the betterment of the family members of
the jail inmates.
ORDER IN CRIMINAL APPEAL NO. 132 of 2022
1. Heard the learned advocate, Mr. Pratik Barot appearing for
the applicant.
R/CR.MA/1489/2022 ORDER DATED: 07/04/2022
2. ADMIT. Learned Additional Public Prosecutor waives service
of notice of admission for and on behalf of the respondent-State.
3. Along with the paper book, Record and Proceedings be
called for, so as to reach this Court in four months' period. E-copy
also shall accompany this material. Once received the soft-copy be
shared with both the sides.
ORDER IN CRIMINAL MISC. APPLICATION (FOR
SUSPENSION OF SENTENCE) NO. 1 of 2022
1. Rule returnable forthwith. Learned Additional Public
Prosecutor waives service of notice of rule on behalf of
respondent-State.
2. Learned advocate Mr. Pratik Barot fairly submits that he
does not press this application.
3. Present application stands disposed of as not pressed. Rule
is discharged.
(SONIA GOKANI, J)
(MAUNA M. BHATT,J)
T. J. Bharwad
