Narayanbhai Valabhai Vaghela vs State Of Gujarat
2023 Latest Caselaw 2376 Guj

     R/CR.MA/4732/2022                               ORDER DATED: 17/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/CRIMINAL MISC.APPLICATION NO. 4732 of 2022
                  In R/CRIMINAL APPEAL NO. 507 of 2022
                                  With
                    R/CRIMINAL APPEAL NO. 507 of 2022
==========================================================
                         NARAYANBHAI VALABHAI VAGHELA
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3,4
==========================================================
 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                Date : 17/03/2023

                                 ORAL ORDER

1. Heard Mr.A.S. Timbalia, learned advocate appearing

for Mr.Danish Barejia, learned advocate on record for the

applicant and Mr.Vinod M. Gamara, learned advocate for

respondent Nos.2 to 4 and Mr.Bhargav Pandya, learned

Additional Public Prosecutor appearing for the respondent

- State.

2. This is an application seeking condonation of delay

of 530 days caused in filing the appeal challenging the th judgment and order of acquittal dated 6 August, 2018 th passed by the learned 10 Additional Sessions Judge,

Ahmedabad (Rural) in Sessions Case No.86 of 2015.

R/CR.MA/4732/2022 ORDER DATED: 17/03/2023

3. Mr.Gamara, learned advocate on record for

respondent Nos.2 to 4 has placed on record the affidavit-

in-reply, opposing the present application, the same is

permitted to be taken upon record.

4. Having heard learned counsels appearing for the

respective parties and considering the averments made in

the application and considering the nature of offence

involved, the delay of 530 days caused in filing the

appeal requires consideration. Hence, this application is

allowed. Delay of 530 days caused in filing the appeal

is condoned. Rule is made absolute.

5. Registry is directed to notify the Criminal Appeal for admission hearing on 24.03.2023.

(NISHA M. THAKORE,J) KUMAR ALOK