Arvindbhai @ Koko Shankarbhai ... vs State Of Gujarat
2023 Latest Caselaw 6162 Guj

                                                                                        NEUTRAL CITATION




     R/CR.MA/14598/2023                                    ORDER DATED: 22/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 14598 of 2023

                    In F/CRIMINAL APPEAL NO. 27645 of 2023

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                ARVINDBHAI @ KOKO SHANKARBHAI RATHOD
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MS URVASHI K MEHTA(11469) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE M. R. MENGDEY

                               Date : 22/08/2023

                          ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. Rule. Learned APP waives service of rule for the respondent-State.

2. This application is filed for condoning the delay of 108 days in preferring Criminal Appeal challenging the judgment and order dated 13.02.2023 passed in Special POCSO Case No.26 of 2022 (Old Special POCSO Case No.43 /2020) by 4 th Additional Sessions Judge and Special Judge, Savarkundla, Dist:Amreli.

3. Learned advocate for the applicant has taken this Court to the averments made in Paragraph Nos.2 & 3 indicating the cause for delay in preferring the appeal.

NEUTRAL CITATION

R/CR.MA/14598/2023 ORDER DATED: 22/08/2023

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4. Learned advocate for the respondent-State objects to condonation of delay of 108 days in preferring Criminal Appeal.

5. Considering the fact that the applicant has made out sufficient grounds for explaining the delay of 108 days caused in preferring appeal and more over, delay of 108 days not being an inordinate delay and also considering the nature of dispute between the parties, the present application is allowed. Delay of 108 days caused in preferring Criminal Appeal is condoned. Rule is made absolute to the aforesaid extent.

(A. S. SUPEHIA, J)

(M. R. MENGDEY,J) GIRISH /32