Rajesh @ Raju Balabhai Solanki vs State Of Gujarat
2022 Latest Caselaw 9757 Guj

     R/CR.MA/21190/2022                                   ORDER DATED: 01/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 21190 of 2022

                                          In

                      R/CRIMINAL APPEAL NO. 2280 of 2022

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                          RAJESH @ RAJU BALABHAI SOLANKI
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR RUTVIJ S OZA(5594) for the Applicant(s) No. 1
MR HARDIK MEHTA APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                  Date : 01/12/2022

                                   ORAL ORDER

1. Mr. Rutvij S.Oza, learned advocate for the

applicant submits that, there is delay of 135 days in

preferring appeal against the judgment and order dated

05.07.2021, passed by the Sessions Judge, Bhavnagar in

Sessions Case No.18 of 2013. Mr. Oza submitted that

through out the applicant was in jail during the process of

trial and thus, in spite of receiving the certified copy of

the judgment, could not proceed for filing of appeal,

challenging the conviction, since he could not directly

approach any Advocate and therefore, only after

R/CR.MA/21190/2022 ORDER DATED: 01/12/2022

approaching the Legal Services Authority, he could move

for filing an appeal and that has led to delay of 135 days.

2. The delay has been sufficiently explained. The

applicant is facing conviction and is in jail; thus, delay of

135 days in preferring the appeal stands condoned. The

application is allowed.

3. Office to notify Criminal Appeal along with

Criminal Misc. Application No.1 of 2022 on 15.12.2022.

(GITA GOPI, J.) Pankaj