Shanabhai Meghaajibhai Rathod vs State Of Gujarat
2023 Latest Caselaw 317 Guj

     R/CR.MA/22128/2022                               ORDER DATED: 11/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 22128 of 2022

             In R/CRIMINAL APPEAL NO. 2400 of 2022
                              With
               R/CRIMINAL APPEAL NO. 2400 of 2022
                              With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                            1 of 2022
              In R/CRIMINAL APPEAL NO. 2400 of 2022
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                          SHANABHAI MEGHAAJIBHAI RATHOD
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR PV PATADIYA(5924) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                                  Date : 11/01/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE S.H.VORA)

Order in Criminal Misc. Application No.22128 of 2022

1. Rule returnable forthwith. Learned APP waives service of rule on behalf of respondent - State.

2. By way of present application under section 5 of the Limitation Act, the applicant seeks condonation of delay of 1416 days caused in preferring captioned appeal against judgment and order dated 22.08.2016 passed by the learned Additional District Judge, Bharuch in Sessions Case No.63 of 2014.

R/CR.MA/22128/2022 ORDER DATED: 11/01/2023

3. From the averments made in para 3 of the application and considering communication annexed at Page No.1 (Annexure A) , it appears that applicant convict had already forwarded judgment and order to file appeal through legal aid, however, concerned officer / staff could not prefer appeal within time and it was recently forwarded to learned advocate on 16.07.2022 to prefer appeal against judgment of conviction. Thus, it appears that there is no delay occurred on account of carelessness or negligent on the part of the applicant - convict and therefore, delay of 1416 caused in preferring Criminal Appeal is condoned. Present application is allowed. Rule is made absolute to the aforesaid extent.

Order in Criminal Appeal No.2400 of 2022

Admit. Learned APP waives service of notice of admission on behalf of respondent - State.

Order in Criminal Misc. Application No.1 of 2022

Notice returnable on 22.02.2023. Learned APP waives service of notice on behalf of respondent - State. Learned advocate for the applicant is permitted to file paper book with the Registry.

(S.H.VORA, J)

(MAUNA M. BHATT,J) SATISH