State Of Gujarat vs Vipulbhai Keshubhai Parmar
2023 Latest Caselaw 747 Guj

     R/CR.MA/18532/2021                                       ORDER DATED: 30/01/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CRIMINAL MISC.APPLICATION NO. 18532 of 2021
                            In
      R/CRIMINAL MISC.APPLICATION NO. 18529 of 2021
=======================================================
                     STATE OF GUJARAT
                          Versus
                VIPULBHAI KESHUBHAI PARMAR
=======================================================
Appearance:
MS JIRGA JHAVERI APP for the Applicant(s) No. 1
MR VIRAL J VYAS for MR ASHISH M DAGLI(2203) for the
Respondent(s) No. 1,2
=======================================================

 CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
       and
       HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                Date : 30/01/2023
                                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)

This application is filed for condonation of delay of 307 days caused in filing aforesaid Criminal Appeal.

Heard learned APP Ms. Jirga Jhaveri for the applicant - State of Gujarat and learned advocate, Mr. Viral Vyas for learned advocate, Mr. Ashish Dagli for the respondents - accused.

Learned APP has referred to the averments made in this application and, thereafter, submitted that there is delay of 307 days caused in filing aforesaid criminal appeal, however, the applicant has shown sufficient caused for not filing appeal in limitation and, therefore, this application be allowed and the appeal be heard on its own merits.

R/CR.MA/18532/2021 ORDER DATED: 30/01/2023

On the other hand, learned advocate for the respondents has opposed this application and referred to the affidavit filed on behalf of the respondents. Learned advocate submitted that initially the State of Gujarat had taken decision not to prefer appeal against the judgment and order of acquittal passed by the concerned Court, however, as the application is submitted by the original first informant, the State of Gujarat has now preferred the aforesaid appeal and, therefore, this application may not be entertained.

We have considered the submissions canvassed by learned advocates for the parties. We have also perused the material placed on record. We are of the view that the State of Gujarat has shown sufficient cause for not filing appeal within a period of limitation.

Hence, this application stands allowed. Delay is condoned. Rule is made absolute.

(VIPUL M. PANCHOLI, J.)

(HEMANT M. PRACHCHHAK, J.) Gautam