Chauhan Rajubhai @ Lalaji ... vs State Of Gujarat
2023 Latest Caselaw 6372 Guj

                                                                                    NEUTRAL CITATION




     R/CR.MA/15205/2023                                ORDER DATED: 31/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 15205 of 2023

                    In F/CRIMINAL APPEAL NO. 29361 of 2023

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     CHAUHAN RAJUBHAI @ LALAJI PRATAPJI @ PRADHANJI RAVAJI
                            Versus
                      STATE OF GUJARAT
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Appearance:
MADANSINGH O BAROD(3128) for the Applicant(s) No. 1
MR. K.M.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 : 31/08/2023

                             ORAL ORDER

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

1. Rule. Mr. K.M.Antani, 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 268 days in preferring Criminal Appeal challenging the judgment and order dated 16.9.2022 passed in Special Case (POCSO) No. 27 of 2020 below Exh. 84, by the learned Additional Sessions Judge and Special Judge, (POCSO ) Mehsana.

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 appellant is lodged in Central Jail, Ahmedabad and he is

NEUTRAL CITATION

R/CR.MA/15205/2023 ORDER DATED: 31/08/2023

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seeking condonation of 268 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 268 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