Jaishreeben Sureshbhai Gangurde vs State Of Gujarat
2022 Latest Caselaw 4594 Guj

     R/CR.MA/5736/2022                           ORDER DATED: 02/05/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 5736 of 2022

          In R/CRIMINAL REVISION APPLICATION NO. 315 of 2022

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                    JAISHREEBEN SURESHBHAI GANGURDE
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR ARJUNSINGH B CHAUHAN(11510) for the Applicant(s) No. 1
MR. MH SHEKHAWAT(7194) for the Respondent(s) No. 2
MS. M.H. BHATT, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE B.N. KARIA

                             Date : 02/05/2022

                              ORAL ORDER

1. By way of this application, the applicant has prayed for

condonation of delay of 177 days caused in preferring Criminal

Revision Application No.315 of 2022.

2. Heard learned advocates for the respective parties and learned

learned Additional Public Prosecutor for the respondent-State.

3. Learned counsel for the applicant submits that there is a delay

of 177 days in preferring the main Criminal Revision Application

No.315 of 2022 before this Court. The said delay was neither

intentional nor deliberate nor due to negligence on the part of any

concerned person/persons, but has occurred in complying with the

R/CR.MA/5736/2022 ORDER DATED: 02/05/2022

procedural formalities in the matter.

4. Learned APP for the respondent-State and learned advocate

for the respondent No.2 have raised objection and requested to

dismiss present application.

5. Having heard learned advocates appearing for the respective

parties as well as learned APP appearing for the respondent-State, it

is submitted that dispute is amicably settled between the parties and

respondent No.2 has no objection if the delay would be condoned by

this Court. From the averments made by the present applicant and

the affidavit filed by the present applicant, delay is sufficiently

explained by the applicant to prefer Criminal Revision Application

No.315 of 2022 against the impugned judgment and order dated

02.05.2018 passed by learned trial court in Criminal Case No.313 of

2014 for the commission of offence under Section 138 and

judgment and order dated 31.07.2019 passed by learned 3 rd (Ad-hoc)

Additional District & Sessions Judge, Navsari at Ahwa in Criminal

Appeal No.3 of 2018.

6. Accordingly, the delay of 177 days occurred in preferring the

main Criminal Revision Application No.315 of 2022 is hereby

condoned.

R/CR.MA/5736/2022 ORDER DATED: 02/05/2022

7. Criminal Misc. Application stands allowed and accordingly

disposed of. Notice stands discharged.

(B.N. KARIA, J) SUYASH