Jayeshbhai @ Bhagabhai Udabhai ... vs State Of Gujarat
2023 Latest Caselaw 6373 Guj

                                                                                 NEUTRAL CITATION




     R/CR.MA/15193/2023                             ORDER DATED: 31/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 15193 of 2023

                    In F/CRIMINAL APPEAL NO. 26260 of 2023

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                JAYESHBHAI @ BHAGABHAI UDABHAI PARMAR
                                 Versus
                           STATE OF GUJARAT
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Appearance:
DARSHAN M VARANDANI(7357) 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 33 days in preferring Criminal Appeal challenging the judgment and order dated 18.4.2023 passed in Sessions Case No. 28 of 2021 (Old Sessions Case No. 31 of 2020) below Exh. 104, by the learned 4th Additional Sessions Judge, Kapandvanj- Kheda.

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

NEUTRAL CITATION

R/CR.MA/15193/2023 ORDER DATED: 31/08/2023

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period of limitation. He has further submitted that the present appellant is lodged in Central Jail, Vadodara and he is seeking condonation of 33 days 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 33 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