Pareshbhai Hemrajbhai Katara vs State Of Gujarat
2023 Latest Caselaw 8742 Guj

Gujarat High Court

Pareshbhai Hemrajbhai Katara vs State Of Gujarat on 18 December, 2023

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                  NEUTRAL CITATION




     R/CR.MA/22449/2023                              ORDER DATED: 18/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        22449 of 2023

                    In F/CRIMINAL APPEAL NO. 44958 of 2023
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                          PARESHBHAI HEMRAJBHAI KATARA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR YASH N NANAVATY(5626) for the Applicant(s) No. 1
MR. BHARGAV PANDYA, 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 : 18/12/2023

                             ORAL ORDER

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

1. The present application is filed seeking condonation of delay of 79 days in filing the captioned criminal appeal.

2. Rule returnable forthwith. Learned APP waives service of Rule for the respondent -State.

3. Learned advocate Mr. Yash Nanavaty for the applicant has submitted that the applicant has procured the certified copy of the judgment of conviction and sentenced well within time, while he was in judicial custody but he had nobody present at his house, who could do the process of preferring an appeal before the Higher Court and bear expenses for the same. He has urged to condone the delay of 79 days in preferring the Criminal Appeal.

NEUTRAL CITATION

R/CR.MA/22449/2023 ORDER DATED: 18/12/2023

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4. Learned Additional Public Prosecutor has vehemently opposed the present application looking to the seriousness of the offence committed by the accused.

5. Having regard to the submissions advanced by the learned advocate for the applicant as well as the averments made in the application, in the interest of justice, the delay of 79 days requires to be condoned. The same is hereby condoned.

6. The present application stands allowed. Rule is made absolute.

(A. S. SUPEHIA, J)

(VIMAL K. VYAS, J) prk