Shanabhai Ravjibhai Thakor vs State Of Gujarat
2022 Latest Caselaw 5946 Guj

   R/CR.MA/11847/2022                              ORDER DATED: 05/07/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 11847 of 2022

                  In R/CRIMINAL APPEAL NO. 1267 of 2022

                             With
              R/CRIMINAL APPEAL NO. 1267 of 2022
                             With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                           1 of 2022
             In R/CRIMINAL APPEAL NO. 1267 of 2022
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                        SHANABHAI RAVJIBHAI THAKOR
                                  Versus
                            STATE OF GUJARAT
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Appearance:
KAASH K THAKKAR(7332) 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 : 05/07/2022


ORAL ORDER

IN R/CRIMINAL MISC. APPLICATION NO. 11847 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 Criminal Appeal against the judgment and order dated 13th September 2021 passed by learned Special Judge and Additional Sessions Judge, Anand in Special (POCSO) Case No. 5 of 2019.

R/CR.MA/11847/2022 ORDER DATED: 05/07/2022

Having regard to the submissions advanced by the learned advocate for the applicant and more particularly considering the averments made in the memorandum of application, the Court is of the view that the delay caused in filing the Criminal Appeal has been sufficiently explained.

The application, therefore, succeeds and is accordingly, allowed. The delay caused in filing the Criminal Appeal is hereby condoned.

Present application stands disposed of. Rule is made absolute.

ORAL ORDER IN R/CRIMINAL APPEAL NO. 1267 OF 2022:

ADMIT.

Learned APP waives service of notice of admission for and on behalf of the respondent-State. ORAL ORDER IN CRMA NO. 1 OF 2022 IN R/CRIMINAL APPEAL NO. 1267 OF 2022:

Rule returnable on 2nd August 2022. Learned APP waives service of notice of rule for and on behalf of the respondent- State.

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