Navnit Ratilal Harsodha ... vs State Of Gujarat
2022 Latest Caselaw 90 Guj

     R/CR.MA/22825/2021                                ORDER DATED: 04/01/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 22825 of 2021

                    In R/CRIMINAL APPEAL NO. 2015 of 2021

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                    NAVNIT RATILAL HARSODHA (HARSORA)
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MS NAINDIP JOSHI FOR MR VIRAT G POPAT(3710) 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 : 04/01/2022

                             ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. Rule, returnable forthwith. Learned APP

waives service of notice of Rule for and on

behalf of the respondent-State.

2. Present application is preferred under

Section 5 of the Limitation Act read with

Section 482 of the Code of Criminal

Procedure, 1973 for condonation of delay in

R/CR.MA/22825/2021 ORDER DATED: 04/01/2022

filing the appeal. The judgment of

conviction and order of sentence dated

18.10.2019 passed in Sessions Case No.212

of 2013 by the learned Additional Sessions

Judge, Rajkot has been questioned. The

punishment is under Section 302 of the

Indian Penal Code with the fine of Rs.1

Lakh. The judgment and order was passed on

18.10.2019 and the appeal which is required

to be filed within a period of 60 days

could not be filed.

3. According to the applicant, the delay

is not intentional since the finance could

not be managed by the family members, the

delay has been caused.

4. We have heard the learned advocate,

Ms.Naindip Joshi appearing for the

applicant and learned APP, Ms.Jhaveri for

R/CR.MA/22825/2021 ORDER DATED: 04/01/2022

respondent-State.

5. Noticing the reason which is sufficient

for the Court to be convinced that the

delay of 132 days deserves condonation, it

is held to be well explained and therefore,

this application for condonation of delay

is allowed. Delay of 132 days is condoned.

6. While disposing of this application, we

need to make a mention that for those who

are accused, a detailed provision is made

for them to avail the legal aid and for

which extensive arrangements under the

statute are made. There are machinaries in

place for the person to avail the benefit

of this aid. This needs to be resorted to

so that the person may not get hampered

with the non availability of the fund. It

should be also communicated to the

R/CR.MA/22825/2021 ORDER DATED: 04/01/2022

appellant who is presently in the jail.

7. Rule is made absolute in the aforesaid

terms.

(SONIA GOKANI, J)

(MAUNA M. BHATT,J) M.M.MIRZA