Malraj @ Depo S/O Lakhan Hadabhai ... vs State Of Gujarat
2023 Latest Caselaw 6132 Guj

                                                                                 NEUTRAL CITATION




     R/CR.MA/13076/2023                             ORDER DATED: 21/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 13076 of 2023

                    In F/CRIMINAL APPEAL NO. 25676 of 2023

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              MALRAJ @ DEPO S/O LAKHAN HADABHAI HAJANI
                               Versus
                         STATE OF GUJARAT
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Appearance:
MS URVASHI K MEHTA(11469) for the Applicant(s) No. 1
MS CM SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                               Date : 21/08/2023

                                ORAL ORDER

1. Rule. Learned APP waives service of notice of rule for

respondent - State.

2. This application is filed by the applicant under Section 5

of the Limitation Act for condonation of delay of 267 days

caused in preferring Criminal Appeal.

3. Heard learned advocate Ms.Urvashi K. Mehta for the

applicant and learned APP Ms.C.M. Shah for respondent -

State.

NEUTRAL CITATION

R/CR.MA/13076/2023 ORDER DATED: 21/08/2023

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4. On the first adjournment date, this Court had asked the

applicant to file additional affidavit with regard to explain the

delay caused in preferring the Criminal Appeal as there was no

sufficient explanation rendered by the applicant.

5. Learned advocate for the applicant submitted that she

was unable to contact the applicant and therefore, the

additional affidavit could not be filed.

6. Learned APP Ms.Shah appearing for the respondent -

State has objected the present application as there was no

sufficient reasons stated in the application.

7. Considering the averments made in the application and

considering the judgment of the Hon'ble Apex Court, the

present application is hereby allowed. The delay of 267 days

caused in preferring the Criminal Appeal is hereby condoned.

Rule is made absolute.

(HEMANT M. PRACHCHHAK,J)

Dolly