Imtiyaz @ Nanki Mohammad Hussain ... vs State Of Gujarat
2023 Latest Caselaw 5939 Guj

                                                                             NEUTRAL CITATION




   R/CR.MA/14142/2023                           ORDER DATED: 11/08/2023

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 14142 of 2023
              In F/CRIMINAL APPEAL NO. 26437 of 2023
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           IMTIYAZ @ NANKI MOHAMMAD HUSSAIN SHAIKH
                              Versus
                         STATE OF GUJARAT
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Appearance:
MR O I PATHAN(7684) 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 : 11/08/2023
                         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 329 days caused in filing the captioned criminal appeal challenging the judgment and order dated 13.03.2023 passed by the learned 5th Additional and Fast Track Special POCSO Case Court, Surat in Special Case (POCSO) No.267 of 2019.

[3.0] Learned advocate for the applicant is not present. We have heard the learned APP. We have gone through the averments made in the application and it appears that the applicant could not file the appeal in timely fashion because the applicant went into depression and there was no one to take care of the applicant and therefore, has requested to condone the delay

NEUTRAL CITATION

R/CR.MA/14142/2023 ORDER DATED: 11/08/2023

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caused in filing 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 329 days as explained in para 3 of the application is condoned. The application is accordingly allowed. Rule is made absolute.

(A.Y. KOGJE, J.)

(HASMUKH D. SUTHAR, J.) Ajay