Padhiar Mahendrasinh Bharatsinh vs State Of Gujarat
2022 Latest Caselaw 9290 Guj

   R/CR.MA/17726/2022                           ORDER DATED: 19/10/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 17726 of 2022

       In R/CRIMINAL REVISION APPLICATION NO. 1046 of 2022

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                  PADHIAR MAHENDRASINH BHARATSINH
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR DV ACHARYA(5616) for the Applicant(s) No. 1
MS. BHAVNA D ACHARYA(6406) for the Applicant(s) No. 1
MR HARSHAD K PATEL(2844) for the Respondent(s) No. 2
MS MH BHATT, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                           Date : 19/10/2022

                            ORAL ORDER

By this application under section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay caused in filing the Criminal Revision Application No. 1046 of 2022 against the judgment and order 03.08.2021 passed by learned Judicial Magistrate First Class, Dabhoi in Criminal Case No. 1280 of 2018 as well as judgment and order dated 31.03.2022 passed by learned 8th Additional Sessions Judge, Dabhoi in Criminal Appeal No. 4 of 2021.

Having regard to the submissions advanced by the learned advocate for the applicant as well as considering the objections raised by learned advocate for the respondent no.2

R/CR.MA/17726/2022 ORDER DATED: 19/10/2022

and more particularly considering the averments made in the memorandum of application, this Court is of the view that the delay caused in filing the Criminal Revision Application No. 1046 of 2022 has been sufficiently explained by the applicant.

This application, therefore, succeeds and is accordingly, allowed. The delay caused in filing the Criminal Revision Application No. 1046 of 2022 is hereby condoned.

Present Application stands disposed of. Rule is made absolute.

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