Rajubhai Popatbhai @ Jivabhai Rathod vs State Of Gujarat
2023 Latest Caselaw 8639 Guj

Gujarat High Court

Rajubhai Popatbhai @ Jivabhai Rathod vs State Of Gujarat on 13 December, 2023

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                            NEUTRAL CITATION




     R/CR.MA/22141/2023                        ORDER DATED: 13/12/2023

                                                                             undefined




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
                 DELAY) NO. 22141 of 2023

               In F/CRIMINAL APPEAL NO. 44126 of 2023

=============================================
                  RAJUBHAI POPATBHAI @ JIVABHAI RATHOD
                                 Versus
                            STATE OF GUJARAT
=============================================
Appearance:
MR EKANT G AHUJA(5323) for the Applicant(s) No. 1,2,3,4,5
MS KRINA P. CALLA, APP for the Respondent(s) No. 1
=============================================
 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE VIMAL K. VYAS

                           Date : 13/12/2023

                             ORAL ORDER

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

1. Rule. Learned APP waives service of notice of rule for the respondent State.

2. The present application has been filed for condoning the delay of 75 days in filling Criminal Appeal against the judgment and order dated 24.07.2023 passed by Additional District and Sessions Judge, Bhavnagar in Sessions Case No.33 of 2014.

3. Since the applicant-convict is incarcerated in jail and is assailing his conviction and considering the averments made in the application, in the interest of justice, the delay of 75 days in filling Criminal Appeal against the judgment and order dated 24.07.2023 passed by Additional District and Sessions Judge,

NEUTRAL CITATION

R/CR.MA/22141/2023 ORDER DATED: 13/12/2023

undefined

Bhavnagar in Sessions Case No.33 of 2014, deserves to be condoned and is hereby condoned.

4. The present application is allowed. Rule is made absolute to the aforesaid extent.

(A. S. SUPEHIA, J)

(VIMAL K. VYAS, J) MAHESH/13