Mohmmad Asfaq Abbasali Shah vs State Of Gujarat
2023 Latest Caselaw 5695 Guj

                                                                             NEUTRAL CITATION




   R/CR.MA/13322/2023                           ORDER DATED: 04/08/2023

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO. 13322 of 2023
             In F/CRIMINAL APPEAL NO. 26158 of 2023
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                 MOHMMAD ASFAQ ABBASALI SHAH
                             Versus
                        STATE OF GUJARAT
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Appearance:
MR RUSHABH R SHAH(5314) for the Applicant(s) No. 1
MR LB DABHI, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
         and
         HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                         Date : 04/08/2023

                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR)

[1.0 RULE. Learned APP waives service of notice of Rule for the respondent - State of Gujarat.

[2.0] This application is filed under Section 5 of the Limitation Act for condonation of delay of 273 days caused in filing the captioned criminal appeal challenging the judgment and order dated 20.08.2022 passed by the learned Additional Sessions Judge, Valsad in Sessions Case No.297 of 2020.

[3.0] We have heard the learned advocates for the respective parties. It is submitted by the learned advocate for the applicant that the applicant could not file the appeal in timely fashion because of financial hardship being faced by the family of the applicant as the applicant belongs to poor strata of society and therefore, has requested to condone the delay caused in filing

NEUTRAL CITATION

R/CR.MA/13322/2023 ORDER DATED: 04/08/2023

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the criminal appeal.

[4.0] Learned APP has vehemently opposed the present application.

[5.0] Considering the submissions made by the learned advocates for the respective parties, the applicant has mentioned sufficient cause for condonation of delay. The primary function of the Court is to adjudicate the dispute between the parties and to advance substantial justice. Rules of limitation are not meant to destroy the rights of parties. The Court is aware of the fact that denial to condone the delay would mean to dismiss the appeal at threshold and there is no presumption that the delay caused by the appellant is deliberate. In view thereof, the words 'sufficient cause' under Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice. Even reason stated appears to be bonafide and genuine. There is no smack of malafide or dilatory tactics on the part of the applicant.

[6.0] In view of the above, the delay of 273 days as explained in para 4 of the application is condoned. The application is accordingly allowed. Rule is made absolute.

(A.Y. KOGJE, J.)

(HASMUKH D. SUTHAR, J.) Ajay