Parshottambhai Ranabhai Parmar vs State Of Gujarat
2023 Latest Caselaw 2475 Guj

   R/CR.MA/17334/2022                            ORDER DATED: 23/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 17334 of 2022

                  In R/CRIMINAL APPEAL NO. 1859 of 2022
                                  With
                    R/CRIMINAL APPEAL NO. 1859 of 2022
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                   PARSHOTTAMBHAI RANABHAI PARMAR
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR KEVALSINH B RATHOD(10250) for the Applicant(s) No. 1
MR.AMIT R JOSHI(6682) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
PETITION/APPEAL WITHDRAWN/DISMISSED for the Respondent(s) No. 3
MS. C.M.SHAH, APP, for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
       and
       HONOURABLE MR. JUSTICE M. R. MENGDEY

                       Date : 23/03/2023
                        ORAL ORDER

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

It is reported that the respondent-accused No.2 is not served with the notice issued by this Court below the application for codonation of delay and fresh notice was also thereafter issued.

Present application is filed by the applicant for condonation of delay of 21 days caused in preferring the appeal.

Learned advocate for the applicant has made two submissions, firstly that the respondent-accused is staying at the very address, but is avoiding the service and secondly, the State has also preferred an appeal being Criminal Appeal No.2570 of 2022 against the very impugned judgment and order which has been admitted by this Court under order dated 06.02.2023.

R/CR.MA/17334/2022 ORDER DATED: 23/03/2023

Considering the fact that the delay is only for a period of 21 days which is explained appropriately in the pleadings and the same not being an inordinate delay, the application is allowed. The delay of 21 days caused in preferring the appeal is condoned.

ORDER IN CRIMINAL APPEAL:-

Vide order dated 22.9.2022, the main appeal is already withdrawn and disposed of qua respondent No.3-Milanbhai Vasantbhai Mandaviya.

Hence, appeal is admitted qua respondent No.2-accused.

(A.Y. KOGJE, J)

(M. R. MENGDEY,J) SIDDHARTH