Gujarat High Court
Dashrathbhai Vitthalbhai Patel vs State Of Gujarat on 20 September, 2022
Bench: A. P. Thaker
R/CR.MA/17232/2022 ORDER DATED: 20/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17232 of 2022
In R/CRIMINAL APPEAL NO. 1839 of 2022
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DASHRATHBHAI VITTHALBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
and
HONOURABLE DR. JUSTICE A. P. THAKER
Date : 20/09/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)
1. Rule. Learned APP waives service for the
Respondent-State.
2. This is an application, filed under Section 5 of
the Limitation Act, seeking condonation of delay of
437 days, caused in filing the appeal.
3. Learned Advocate, Mr. Barot, submitted that for
the reasons stated in this application, the applicant
could not file the appeal within the stipulated time
period.
3.1 In support of his submissions, learned Advocate,
R/CR.MA/17232/2022 ORDER DATED: 20/09/2022
Mr. Barot, placed reliance on the observations made
by the Apex Court, more particularly in Paragraphs- 3
to 5, in the case of 'STATE OF ODISHA VS. SURENDRA
MUNDA', (2020) 16 SCC 443.
4. Heard. At the outset, it would be relevant to
refer to the observations made by the Apex Court in
the aforesaid decision, which read thus;
"3. The original appellant before this Court was
convicted for the offence punishable under Section 302 IPC
and was sentenced to suffer life imprisonment. The appeal
preferred by him was dismissed by the High Court on the
ground of delay of 1192 days in preferring the appeal. The
matter was thus not considered on merits. That order was
set aside by this Court and the Signature Not Verified
matter was remitted to the High Court to consider the
appeal on merits.
4. In a criminal matter, where the life and liberty of a
person is in question, one right of appeal has always been
accepted and appropriate steps must be taken to effectuate
that right. The considerations on account of delay and
limitation ought not to negate the right of appeal inhering in
an accused.
5. In the circumstances, the order passed by the High
Court was set aside and the matter was remitted. In the
present Review Petition, the ground taken is as under:-
"4. That the State-petitioner believes that the view
taken by this Hon'ble Court in the impugned
judgment will have far reaching consequences on
the outcome of other cases, and thus petitioner
intends to review of the order passed by this Hon'ble
Court." We do not find any merit in the submission
R/CR.MA/17232/2022 ORDER DATED: 20/09/2022
so advanced. We, therefore, dismiss this Review
Petition and affirm the Order under review."
4.1 Having, thus, heard the learned Advocates for
the parties and having satisfied with the grounds
urged for not filing the appeal within the period of
limitation and in view of the observations made by
the Apex Court, as noted, hereinabove, this
application deserves to be allowed.
4. Resultantly, this application is allowed and the
delay of 437 days is condone. Rule is made absolute,
accordingly.
(VIPUL M. PANCHOLI, J)
(DR. A. P. THAKER, J)
UMESH/-
