Himmatbhai Ganeshbhai Vaghela vs State Of Gujarat
2023 Latest Caselaw 6096 Guj

                                                                                 NEUTRAL CITATION




     R/CR.MA/14631/2023                          ORDER DATED: 19/08/2023

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     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC. APPLICATION NO. 14631 of 2023

     In F/CRIMINAL REVISION APPLICATION NO. 29633 of
                          2023

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          HIMMATBHAI GANESHBHAI VAGHELA
                        Versus
                 STATE OF GUJARAT
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Appearance:
MR KUNAL S SHAH(5282) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                          Date : 19/08/2023

                           ORAL ORDER

1. By way of this application under Section 5 of the Limitation Act, 1963, the applicant has prayed for condonation of delay of 439 days caused in preferring the revision application.

2. Heard, the learned advocate Mr. Kunal Shah for the applicant. It is stated that the applicant was convicted and sentenced by judgment and order dated 03.10.2019, to undergo simple imprisonment (SI) for two years with fine of Rs.1,000/-, in default, to further undergo SI for two months. Learned advocate Mr. Shah

NEUTRAL CITATION

R/CR.MA/14631/2023 ORDER DATED: 19/08/2023

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submitted that the applicant - accused had preferred Criminal Appeal No. 59 of 2020 before the learned Sessions Court at Amreli, which came to be dismissed vide order dated 18.11.2021, passed by learned 4th Additional Sessions Judge, Savarkundla. The learned advocate for the applicant submitted that the applicant is in jail and was not assisted with certified copy of the judgment and order and had no sufficient fund to even approach this Court and his imprisonment had led to the delay.

3. Having heard the learned advocate for the applicant, in facts and circumstances of the case and considering the averments made in the application, the delay, caused in filing the appeal, deserves to be condoned as sufficiently explained, and is hereby condoned.

4. Present application is accordingly, allowed. Main revision application be listed on 21st August 2023 before the appropriate bench taking up such matters.

[ Gita Gopi, J. ] hiren /PC-4