Ashokbhai Mavjibhai Dangar vs State Of Gujarat
2022 Latest Caselaw 7668 Guj

     R/CR.MA/11541/2021                              ORDER DATED: 07/09/2022




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC. APPLICATION NO. 11541 of 2021

       In R/CRIMINAL MISC. APPLICATION NO. 10009 of 2021
                             With
        R/CRIMINAL MISC. APPLICATION NO. 10009 of 2021
                              In
                CRIMINAL APPEAL NO. 800 of 2021
                             With
               R/CRIMINAL APPEAL NO. 800 of 2021

======================================================
              ASHOKBHAI MAVJIBHAI DANGAR
                             Versus
                    STATE OF GUJARAT
======================================================
Appearance:
MR BRIJ V SHETH(10594) for the Applicant(s) No. 1
MR VB PANCHAL(1108) for the Respondent(s) No. 2
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
======================================================

 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                             Date : 07/09/2022

                              ORAL ORDER

Order in Criminal Misc. Application No. 11541 of 2021:

1. This is an application filed under Section 5 of the Limitation Act, 1963 praying for to condone the delay of 213 days caused in preferring an application seeking leave to appeal.

2. Heard, learned advocate for the applicant and the learned Additional Public Prosecutor for the respondent No. 1 - State. Though served and

R/CR.MA/11541/2021 ORDER DATED: 07/09/2022

despite sufficient opportunity is given, none is present on behalf of the respondent No. 2.

3. Having regard to the submissions made and considering the averments made in the application, this application deserves to be allowed.

4. Accordingly, the application succeeds and is allowed accordingly. Delay, as aforesaid, caused in preferring the application seeking leave to appeal, is condoned. Rule is made absolute accordingly.

Order in Criminal Misc. Application No. 10009 of 2021:

Heard, the learned advocate for the applicant and perused the impugned judgment and order of acquittal. It appears that the appeal deserves consideration. Hence, the present application seeking leave to appeal is allowed.

Order in Criminal Appeal No. 800 of 2021:

The appeal is admitted. Learned Additional Public Prosecutor Ms. Jhaveri waives service for the respondent No. 1 - State.

[ A. C. Joshi, J. ] hiren /67