Gopal Bachubhai Vekariya vs State Of Gujarat
2023 Latest Caselaw 4958 Guj

   R/CR.MA/5607/2023                                     ORDER DATED: 27/06/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 5607 of 2023
               In R/CRIMINAL APPEAL NO. 773 of 2023


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                       GOPAL BACHUBHAI VEKARIYA
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR HARDIK H DAVE(6295) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
       and
       HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                            Date : 27/06/2023

                          ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

RULE. learned APP Ms.Shruti Pathak waives service of

notice of rule for and on behalf of the respondent - State.

The applicant-convict has filed the present application

under Section 5 of the Limitation Act for condonation of delay of

303 days caused in filing the captioned Criminal Appeal,

challenging the judgment and order of conviction dated

23.1.2019 passed by the learned Special Judge (POCSO) and

Additional Sessions Judge, Dhoraji, Rajkot, in Special (POCSO)

Case No.6 of 2018.

R/CR.MA/5607/2023 ORDER DATED: 27/06/2023

The Court has taken into consideration the order passed

on 6.4.2023, whereby the learned advocate who has filed the

present Appeal and Application has stated at the bar that the

applicant has taken back the papers and, therefore, at his

request the matter is adjourned today.

Today, it is reported that there is a sick note of the learned

advocate for the applicant. However, we deem it fit to take up the

matter with the assistance of the learned APP. The Court has

taken into consideration paragraphs 2 and 3 of the application,

indicating the reasons for condoning the delay.

Considering the fact that the applicant is in custody and

the delay not being inordinate, the case is considered.

In view of the above, the delay of 303 days caused in

preferring the appeal is condoned. The application is accordingly

allowed. Rule made absolute.

(A.Y. KOGJE, J.)

(HASMUKH D. SUTHAR, J.) /MOINUDDIN