Citation : 2023 Latest Caselaw 6163 Guj
Judgement Date : 22 August, 2023
NEUTRAL CITATION
R/CR.MA/14596/2023 ORDER DATED: 22/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 14596 of 2023
In F/CRIMINAL APPEAL NO. 27925 of 2023
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CHAMPABEN W/O PRATAPBHAI KHIMJIBHAI RATHVA
Versus
STATE OF GUJARAT
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Appearance:
MR PRUTHVIRAJSINH V SOLANKI(10190) 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 29 days in preferring Criminal Appeal challenging the judgment and order dated 04.05.2023 passed in Sessions Case No.24 of 2020 by 2nd Additional Sessions Judge, Panchmahals at Halol .
3. Learned advocate for the applicant has taken this Court to the averments made in grounds of the application indicating the cause for delay in preferring the appeal.
4. Learned advocate for the respondent-State objects to condonation of delay of 29 days in preferring Criminal Appeal.
NEUTRAL CITATION
R/CR.MA/14596/2023 ORDER DATED: 22/08/2023
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5. Considering the fact that the applicant has made out sufficient grounds for explaining the delay of 29 days caused in preferring appeal and more over, delay of 29 days not being an inordinate delay and also considering the nature of dispute between the parties, the present application is allowed. Delay of 29 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 /31
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