Dhirajlal Dayaram Pandya vs State Of Gujarat
2023 Latest Caselaw 2589 Guj

   R/CR.MA/15737/2022                             ORDER DATED: 28/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
          R/CRIMINAL MISC.APPLICATION NO. 15737 of 2022
         In R/CRIMINAL MISC.APPLICATION NO. 15736 of 2022
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                        DHIRAJLAL DAYARAM PANDYA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR SAMRAT R UPADHYAY(11939) for the Applicant(s) No. 1
Mr. Bhargav Pandya, Addl. PUBLIC PROSECUTOR                         for     the
Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3,4
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                  Date : 28/03/2023

                              ORAL ORDER

Heard Ms. Alvera Kachara, learned advocate has appeared for Mr. Upadhyay, learned advocate for the applicant and Mr. Pandya, learned Additional Public Prosecutor for the respondent State.

This is an application seeking condonation of delay of 82 days in caused in filing the Criminal Appeal challenging the judgment and order of acquittal dated 10.03.2022 passed by the learned Additional Sessions Judge, Porbandar in Sessions Case No.39 of 2016.

Learned advocate for the applicant has invited attention of this Court to the averments made in the application and has urged this Court to condone the delay. This Court by order dated 21.09.2022 had issued Rule which was made returnable on 22.11.2022. As per report of Ranavav Police Station dated 20.10.2022, it transpires that the Rule is served upon the

R/CR.MA/15737/2022 ORDER DATED: 28/03/2023

respondent nos. 2 to 4, however the respondent nos. 2 to 4 have chosen not to appear before this Court.

Having heard the learned advocate for the applicant and learned Additional Public Prosecutor for the State, considering the averments made in the application sufficient explanation has been offered to condone the delay. Hence, present application seeking condonation of delay of 82 days caused in filing the appeal deserves to be condoned and is hereby condoned. Present application is allowed to the aforesaid extent. Registry is directed to notify the application for leave to appeal along with Criminal Appeal for admission hearing on 21.4.2023.

(NISHA M. THAKORE,J) KAUSHIK J. RATHOD