Akarambhai @ Dodi Usmanbhai ... vs State Of Gujarat
2022 Latest Caselaw 7524 Guj

   R/CR.MA/15842/2022                           ORDER DATED: 30/08/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 15842 of 2022

             In R/CRIMINAL APPEAL NO. 1702 of 2022
                              With
               R/CRIMINAL APPEAL NO. 1702 of 2022
                              With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                            1 of 2022
              In R/CRIMINAL APPEAL NO. 1702 of 2022
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                AKARAMBHAI @ DODI USMANBHAI DODIYA
                              Versus
                        STATE OF GUJARAT
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Appearance:
A S TIMBALIA(7372) for the Applicant(s) No. 1
MS MH BHATT, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                           Date : 30/08/2022


ORAL ORDER

IN CRIMINAL MISC. APPLICATION NO. 15842 OF 2022 :

Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

By this application under section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay caused in filing the Criminal Appeal No. 1702 of 2022 against the judgment and order dated 21.04.2022 passed by learned Sessions Judge, Bhavnagar in Sessions Case No. 131 of 2021.

Having regard to the submissions advanced by the learned advocate for the applicant and more particularly

R/CR.MA/15842/2022 ORDER DATED: 30/08/2022

considering the averments made in the memorandum of application, the Court is of the view that the delay caused in filing the Criminal Appeal No. 1702 of 2022 has been sufficiently explained.

The application, therefore, succeeds and is accordingly, allowed. The delay caused in filing the Criminal Appeal No. 1702 of 2022 is hereby condoned.

Present Application stands disposed of. Rule is made absolute.

ORAL ORDER IN CRIMINAL APPEAL NO. 1702 OF 2022:

ADMIT.

Learned APP waives service of notice of admission for and on behalf of the respondent-state.

CRIMINAL MISC. APPLICATION NO. 1 OF 2022 IN CRIMINAL APPEAL NO. 1702 OF 2022:

Rule returnable on 20th September 2022. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(SAMIR J. DAVE,J) K. S. DARJI