Devendrabhai Aatmarambhai Raval vs Barot Dhirubhai Vadilal
2023 Latest Caselaw 8743 Guj

Gujarat High Court

Devendrabhai Aatmarambhai Raval vs Barot Dhirubhai Vadilal on 18 December, 2023

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                              NEUTRAL CITATION




     R/CR.MA/17343/2023                          ORDER DATED: 18/12/2023

                                                                               undefined




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         17343 of 2023
            In F/CRIMINAL APPEAL NO. 33540 of 2023

==========================================================
                    DEVENDRABHAI AATMARAMBHAI RAVAL
                                 Versus
                        BAROT DHIRUBHAI VADILAL
==========================================================
Appearance:
DHARMESH D NANAVATY(2396) for the Applicant(s) No. 1
MR ADITYA P MISTRI(11315) for the Applicant(s) No. 1
MR. YOGENDRA THAKORE(3975) for the Respondent(s) No.
1,10,2,3,4,5,6,7,8,9
MR BHARGAV PANDYA, APP for the Respondent(s) No. 11
==========================================================

 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. RULE. Learned APP waives service of notice of rule for and

on behalf of the respondent - State.

2. The present application is filed under Section 5 of the

Limitation Act, seeking condonation of delay of 94 days caused

in preferring the captioned Criminal Appeal.

3. Learned advocate for the applicant has submitted that the

applicant-appellant has preferred the captioned Criminal Appeal

NEUTRAL CITATION

R/CR.MA/17343/2023 ORDER DATED: 18/12/2023

undefined

challenging the judgment and order of acquittal dated 29.3.2023

passed by the learned 4 th Additional Sessions Judge, Mehsana in

Sessions Case No.87 of 2017.

4. It is submitted that by way of aforesaid judgment and order

dated 29.3.2023, the learned Sessions Judge acquitted the

respondents nos.1 to 10 for the offences punishable under

Sections 143, 147, 148, 149, 395, 397, 120-B, 504, 427 of the

Indian Penal Code and under Section 135 of the Gujarat Police

Act.

5. It is submitted that on the very date, i.e. 29.3.2023, the

present applicant was convicted by the learned 4 th Additional

Sessions Judge, Mehsana in Sessions Case No.51 of 2020 for the

offences punishable under Sections 323 and 114 of the Indian

Penal Code, wherein and whereby the learned Sessions Judge

was pleased to release the applicant on probation for the period

of two years.

6. It is submitted that, thereafter the applicant sought

necessary legal opinion and preferred the appeal against the

aforesaid order. It is submitted that for arranging the necessary

NEUTRAL CITATION

R/CR.MA/17343/2023 ORDER DATED: 18/12/2023

undefined

funds for engaging the lawyer and obtaining the certified copy of

the judgment the delay has occasioned.

7. 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 94 days caused

in preferring the Criminal Appeal is condoned. The present

application stands allowed. Rule made absolute.

(A. S. SUPEHIA, J.)

(VIMAL K. VYAS, J.) /MOINUDDIN