State Of Gujarat Thro Drug ... vs Chotubhai Gulamhusen Dobariya
2022 Latest Caselaw 4165 Guj

   R/CR.MA/21327/2021                                      ORDER DATED: 13/04/2022




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 21327 of 2021
                        In
 R/CRIMINAL MISC. APPLICATION NO. 21326 of 2021
                       With
 R/CRIMINAL MISC. APPLICATION NO. 21326 of 2021
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      STATE OF GUJARAT THRO DRUG INSPECTOR
                      Versus
        CHOTUBHAI GULAMHUSEN DOBARIYA
======================================
Appearance:
MR. R. C. KODEKAR, APP for the Applicant(s) No. 1
MALAYKUMAR S PATEL(8901) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                              Date : 13/04/2022

                                   ORAL ORDER

Order in Cr.M.A. No.21327 of 2021 :-

This is an application for condonation of delay of 139 days caused in preferring the acquittal appeal filed by the State against the judgment and order dated 30 th April, 2019 passed by the Court of Addl. Judicial Magistrate, First Class, Bhavnagar at Mahuva in Criminal Case no.1114 of 1998.

Mr. Malaykumar Patel, learned advocate for the respondent has objected grant of delay condonation application on the ground that the reasons stated in the application are not satisfactory and for which he requested to reject the delay condonation application.

Looking to the averments made in the present

R/CR.MA/21327/2021 ORDER DATED: 13/04/2022

application and considering the submissions of Mr. Kodekar, learned APP for the applicant - State, the present application is allowed. The delay of 139 days caused in preferring the acquittal appeal is hereby condoned. Rule made absolute.

Order in Cr.M.A. No.21326 of 2021 :-

With the consent of both the sides, the present leave to appeal application is adjourned to 10th June, 2022.

(RAJENDRA M. SAREEN, J.) AMAR RATHOD...