Jigar @ Jigamama Dhirubhai ... vs State Of Gujarat
2023 Latest Caselaw 6370 Guj

                                                                                 NEUTRAL CITATION




     R/CR.MA/15280/2023                             ORDER DATED: 31/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 15280 of 2023

                    In F/CRIMINAL APPEAL NO. 29595 of 2023

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                JIGAR @ JIGAMAMA DHIRUBHAI BAMBHANIYA
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
MR. RONAK RAVAL, 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 : 31/08/2023

                             ORAL ORDER

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

1. Rule. Mr. Ronak Raval, learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. This application is filed for condoning the delay of 447 days in preferring Criminal Appeal challenging the judgment and order dated 22.3.2022 passed in Sessions Case No. 59 of 2020 below Exh. 74, by the learned Sessions Judge, Bhavnagar.

3. Learned advocate for the applicant has submitted that due to financial crunch having been faced by the family members of the appellant, he is unable to file the appeal within period of limitation. He has further submitted that the present

NEUTRAL CITATION

R/CR.MA/15280/2023 ORDER DATED: 31/08/2023

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appellant is lodged in Central Jail, Rajkot and he is seeking condonation of 447 in filing the appeal.

4. Learned APP for the respondent-State has opposed the present application and has submitted that the present application may not be allowed and delay may not be condoned.

5. Having regard to the aforesaid facts, more particularly that the applicant is facing conviction and is lodged in the jail and is assailing his conviction, the present application is allowed. Delay of 447 days caused in preferring the Criminal Appeal is condoned. Rule is made absolute to the aforesaid extent.

(A. S. SUPEHIA, J)

(M. R. MENGDEY,J) BEENA SHAH