Akmal @ Akmal Baba Akhtar Raza Shaikh vs State Of Gujarat
2023 Latest Caselaw 8613 Guj

Gujarat High Court

Akmal @ Akmal Baba Akhtar Raza Shaikh vs State Of Gujarat on 12 December, 2023

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                              NEUTRAL CITATION




   R/CR.MA/17560/2023                            ORDER DATED: 12/12/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         17560 of 2023
            In F/CRIMINAL APPEAL NO. 28808 of 2023


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              AKMAL @ AKMAL BABA AKHTAR RAZA SHAIKH
                              Versus
                        STATE OF GUJARAT
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Appearance:
MS CHINTANIKA P LUKHI(10189) for the Applicant(s) No. 1
SHREY H DAVE(8444) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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 : 12/12/2023

                           ORAL ORDER

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

RULE. Learned APP waives service of notice of rule for and on behalf of the respondent - State.

On 8th November 2023, this Court passed the following order :

"Though served, no one has chosen to appear on behalf of the respondent no.2.

As a last chance, the matter is adjourned to 12.12.2023."

NEUTRAL CITATION

R/CR.MA/17560/2023 ORDER DATED: 12/12/2023

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Today also, the position remains unaltered. No one has

chosen to enter appearance on behalf of the respondent no.2.

The present application has been filed seeking condonation

of delay of 393 days in filing the captioned appeal.

The appeal is filed by the present applicant challenging the

judgment and order of conviction dated 6 th May 2022 passed in

Special Case (POCSO) No.158 of 2017 by the learned 14 th

Additional Sessions Judge (POCSO), Surat, wherein and whereby

the applicant is convicted for the offences punishable under

Sections 376(2)(J)(N), 506(2) of the Indian Penal Code, 1860,

under Sections 4, 6 of the Protection of Children from Sexual

Offences Act, 2012, and under Sections 3(1)W, 3(2)(5), 3(2)(5-A)

of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Amendment Act, 2015.

The applicant is in judicial custody since 3 rd March 2017

and his financial condition is pitiable. He has three minor

children and his wife is also not aware about challenging the

judgment of conviction. Since the respondent no.2 has not

NEUTRAL CITATION

R/CR.MA/17560/2023 ORDER DATED: 12/12/2023

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entered appearance, the averments made in the application

explaining the delay stand uncontroverted.

We have considered the said averments and since the

applicant is in jail and he is challenging his conviction, in the

interest of justice, the delay of 393 in filing the captioned appeal

is condoned. The application is allowed. Rule made absolute.

(A. S. SUPEHIA, J.)

(VIMAL K. VYAS, J.) MOINUDDIN