Laljibhai @ Tino Ravjibhai Parmar vs State Of Gujarat
2022 Latest Caselaw 706 Guj

     R/CR.MA/1308/2022                                 ORDER DATED: 20/01/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/CRIMINAL MISC.APPLICATION NO. 1308 of 2022
                  In R/CRIMINAL APPEAL NO. 112 of 2022
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                     LALJIBHAI @ TINO RAVJIBHAI PARMAR
                                    Versus
                             STATE OF GUJARAT
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MR NIRAD D BUCH(4000) for the Applicant(s) No. 1
MS JIRGA JHAVERI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
       and
       HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                       Date : 20/01/2022
                        ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. By way of the present application preferred under

Section 5 of the Limitation Act, the applicant seeks

condonation of delay of 534 days in preferring the appeal

arising from the judgment and order dated 30.07.2018 passed

by the learned Special Judge and 5th Additional Sessions

Judge, Vadodara in Special (POCSO) Case No. 170 of 2016.

2. It is the say of the applicant that he approached the

Gujarat High Court Legal Services Committee for preferring

the appeal on 09.03.2021 and thereafter the application was

forwarded to the High Court Legal Services Committee on

19.03.2021 by the Deputy Superintendent of Central Jail,

Vadodara. Learned advocate was allocated the brief however,

R/CR.MA/1308/2022 ORDER DATED: 20/01/2022

due to COVID-19 virus, the delay has been caused. According

to the applicant, he belongs from financially poor family. He

has lost his eye-sight over a period of time and he is visually

blind.

3. Rule. Learned Additional Public Prosecutor waives

service of notice of rule for and on behalf of the respondent -

State.

4. We have heard learned advocate Mr. Nirad Buch

appearing for the applicant in HCLS Committee and learned

APP Ms. Jirga Jhaveri for the respondent - State.

5. Considering the detailed reasons provided in the

application and being satisfied with the sufficiency of cause

explained, the Court is inclined to condone the delay of 534

days in preferring the criminal appeal. The same is hereby

condoned.

6. Rule is made absolute. The application stands disposed

of accordingly.

(SONIA GOKANI, J)

(MAUNA M. BHATT,J) Bhoomi