Dharmendrasinh @ Dhambha Gajendrasinh ... vs State Of Gujarat
2023 Latest Caselaw 8349 Guj

Gujarat High Court

Dharmendrasinh @ Dhambha Gajendrasinh ... vs State Of Gujarat on 1 December, 2023

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                 NEUTRAL CITATION




     R/CR.MA/21234/2023                             ORDER DATED: 01/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        21234 of 2023

                    In F/CRIMINAL APPEAL NO. 41959 of 2023

==========================================================
 DHARMENDRASINH @ DHAMBHA GAJENDRASINH @ GAJUBHA ZALA
                         Versus
                   STATE OF GUJARAT
==========================================================
Appearance:
DR. HARDIK K RAVAL(6366) for the Applicant(s) No. 1
MS. KRINA CALLA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE VIMAL K. VYAS

                               Date : 01/12/2023

                                ORAL ORDER

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

1. The present application is filed seeking condonation of delay of 1710 days in filing Criminal Appeal against the judgment and order dated 18.01.2017 passed by 2 nd Additional Sessions Judge, Surendranagar at Dhangadhrain Sessions Case No. 27 of 2014.

2. Rule returnable forthwith. Learned APP Ms. Krina Calla waives service of rule for respondent - State.

3. Learned advocate for the applicant has submitted that being aggrieved and dissatisfied with the aforesaid judgment

NEUTRAL CITATION

R/CR.MA/21234/2023 ORDER DATED: 01/12/2023

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and order dated 18.01.2017, the applicant has preferred the Criminal Appeal before this Hon'ble Court challenging the same. He also submitted that the present applicant was convicted and the learned Judge ordered to provide the copy of the judgment and order to the present applicant.

3.1 It is submitted that the applicant did not file an appeal on time but thereafter, on 05.04.2023 the applicant approached the High Court Legal Services Committee and sent the copy of the judgment and order to the Legal Service Committee to file the Criminal Appeal. Thereafter, an advocate was appointed on 19.04.2023 to file Criminal Appeal before this Court, but the advocate found that he was not provided the sufficient papers, therefore he drew an attention, thereafter the applicant has provided all the relevant papers recently. The advocate also took some time in going through the papers /records of the case and filed the Criminal Appeal

3.2 It is further submitted by the learned advocate that the the applicant is not aware about the legal consequences and by virtue of the aforesaid process and reasons, some delay has occurred, which is purely unintentional and the time prescribed for filing the Criminal Appeal is expired and there is delay of 1710 days in filing the Criminal Appeal, in the interest of justice the delay be condoned.

4. Having regard to the submissions advanced by the learned advocate for the applicant as well as the averments

NEUTRAL CITATION

R/CR.MA/21234/2023 ORDER DATED: 01/12/2023

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made in the application, the delay of 1710 days requires to be condoned. The same is hereby condoned.

5. The present civil application stands allowed. Rule is made absolute.

(A. S. SUPEHIA, J)

(VIMAL K. VYAS, J) prk