Surpalsinh @ Jagdishbhai ... vs State Of Gujarat
2022 Latest Caselaw 5814 Guj

      R/CR.MA/21746/2021                             ORDER DATED: 30/06/2022



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC. APPLICATION NO. 21746 of 2021
                                    In
                    R/CRIMINAL APPEAL NO. 1910 of 2021

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             SURPALSINH @ JAGDISHBHAI GUNVANTBHAI BARIA
                               Versus
                         STATE OF GUJARAT
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MR. RADHESH Y VYAS(7060) for the Applicant(s) No. 1
MR R. C. KODEKAR, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                                Date : 30/06/2022
ORAL ORDER

1. By this application under section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay caused in filing Criminal Appeal No.1910 of 2021 against the judgment and order dated 23.01.2019 passed by the learned Special Judge (POCSO) and Additional Sessions Judge, Panchmahal at Godhra in Special POCSO Case No.59 of 2017.

2. 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.

3. The application, therefore, succeeds and is accordingly, allowed. The delay caused in filing the Criminal Appeal is hereby condoned. Criminal Misc. Application stands disposed of. Rule is made absolute.

(SAMIR J. DAVE,J) MEHUL B. TUVAR