Gujarat High Court
State Of Gujarat vs Bharatbhai Somabhai Patani on 12 October, 2022
Bench: Samir J. Dave
R/CR.MA/17327/2022 ORDER DATED: 12/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17327 of 2022
In R/CRIMINAL MISC.APPLICATION NO. 17325 of 2022
With
R/CRIMINAL APPEAL NO. 1857 of 2022
With
R/CRIMINAL MISC.APPLICATION NO. 17325 of 2022
In
CRIMINAL APPEAL NO. 1857 of 2022
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STATE OF GUJARAT
Versus
BHARATBHAI SOMABHAI PATANI
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Appearance:
MS MH BHATT, APP for the Applicant(s) No. 1
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 12/10/2022
Learned advocate Mr. Anik Shaikh submits that learned
advocate Mr. R. Z. Shaikh has received instructions to appear
for and on behalf of the opponent/respondent-accused and
sought permission to appear on behalf of the
opponent/respondent-accused. Permission; as sought for;
stands granted. Mr. R. Z. Shaikh shall file his Vakalatnama
before the Registry. Registry shall accept the same.
ORAL ORDER
IN R/CRIMINAL MISC.APPLICATION NO.
17327 of 2022.
By this application under section 5 of the Limitation Act,
R/CR.MA/17327/2022 ORDER DATED: 12/10/2022
1963, the applicant-State seeks condonation of delay caused
in filing the R/Criminal Appeal No. 1857 of 2021 against the
judgment and order dated 09.01.2020 passed by learned
Additional Sessions Judge, Court No.13, City Civil and Sessions
Court, Ahmedabad in ACB Case No. 6 of 2010.
Having regard to the submissions advanced by the
learned APP 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 MISC.APPLICATION NO.
17325 of 2022.
Rule returnable forthwith. Learned advocate Mr. R.Z.
Shaikh waives service of notice of rule for and on behalf of the
opponent-accused.
By this application, the applicant-State seeks permission
to leave to file appeal against the judgment and order dated
09.01.2020 passed by learned Additional Sessions Judge, Court
R/CR.MA/17327/2022 ORDER DATED: 12/10/2022
No.13, City Civil and Sessions Court, Ahmedabad in ACB Case
No. 6 of 2010 acquitting the present opponent.
Taking into consideration the arguments advanced by
learned APP for the applicant-State as well as learned advocate
for the opponent-accused and considering the avements made
in this application, present application requires to be allowed.
Accordingly, the application for leave to appeal is granted.
Rule is made absolute.
ORAL ORDER IN CRIMINAL APPEAL NO. 1857 OF 2022:
ADMIT.
Learned advocate Mr. R.Z. Shaikh waives service of
notice of admission for and on behalf of the respondent-
accused.
R&P be called for from the concerned Trial Court.
(SAMIR J. DAVE,J)
K. S. DARJI
