Bipinbhai Arvindbhai Solanki vs State Of Gujarat
2022 Latest Caselaw 8452 Guj

   R/CR.MA/17699/2022                             ORDER DATED: 26/09/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 17699 of 2022

             In R/CRIMINAL APPEAL NO. 1893 of 2022
                              With
               R/CRIMINAL APPEAL NO. 1893 of 2022
                              With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                            1 of 2022
              In R/CRIMINAL APPEAL NO. 1893 of 2022
==========================================================
                        BIPINBHAI ARVINDBHAI SOLANKI
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR SHAILESH C SHARMA(3450) for the Applicant(s) No. 1
MR RC KODEKAR, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                              Date : 26/09/2022

ORAL ORDER

IN CRIMINAL MISC. APPLICATION NO. 17699 OF 2022:

Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-state.

By this application under section 5 of the Limitation Act, 1963, the applicant seeks condonation of delay caused in filing the Criminal Appeal No. 1893 of 2022 against the judgment and order dated 18.03.2020 passed by learned Special Judge (POCSO) Nadiad District Kheda in Special (POCSO) Case No. 44 of 2019.

Having regard to the submissions advanced by the

R/CR.MA/17699/2022 ORDER DATED: 26/09/2022

learned advocate for the applicant as well as learned APP for the respondent-State 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 No. 1893 of 2022 has been sufficiently explained.

The application, therefore, succeeds and is accordingly, allowed. The delay caused in filing the Criminal Appeal No. 1893 of 2022 is hereby condoned.

Present Application stands disposed of. Rule is made absolute.

ORAL ORDER IN CRIMINAL APPEAL NO. 1893 OF 2022:

ADMIT.

Learned APP waives service of notice of admission for and on behalf of the respondent-State.

ORAL ORDER IN CRIMINAL MISC. APPLICATION NO. 1 OF 2022 IN CRIMINAL APPEAL NO. 1893 OF 2022:

Rule returnable on 10.10.2022. Learned APP waives service of notice of rule for and on behalf of the respondent- State.

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