Ganeshbhai @ Ravi @ Titi ... vs State Of Gujarat
2023 Latest Caselaw 7998 Guj

                                                                                 NEUTRAL CITATION




     R/CR.MA/19517/2023                             ORDER DATED: 01/11/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        19517 of 2023

                    In F/CRIMINAL APPEAL NO. 38884 of 2023

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          GANESHBHAI @ RAVI @ TITI KARSHANBHAI MAKWANA
                             Versus
                       STATE OF GUJARAT
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Appearance:
MS URMILA N DESAI(5609) for the Applicant(s) No. 1
MS. VRUNDA SHAH, APP .for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE VIMAL K. VYAS

                               Date : 01/11/2023

                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present application is filed seeking condonation of delay of 474 days in filing the captioned criminal appeal.

2. Rule returnable forthwith. Learned APP waives service of Rule for the respondent -State.

3. Learned advocate Ms. Urmila Desai has submitted that the applicant herein had filed the Criminal Appeal before this Hon'ble High Court being aggrieved and dissatisfied with the judgment and order of conviction and sentence dated 04.05.2022 passed by the learned Principal District and Sessions Judge, Bhavnagar in Sessions Case No. 136 of 2021. She also submitted that the applicant has remained in jail as a under trial prisoner and as a convict since last

NEUTRAL CITATION

R/CR.MA/19517/2023 ORDER DATED: 01/11/2023

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more than two years. She further submitted that there is not a single member in the family of the applicant, who can financially and legally assist the applicant. She submitted that the parents of the applicant are expired and his family consisting of wife and a small child but his wife is also illiterate and therefore, she is ignorant of law and therefore, in obtaining a certified copy of the said judgment and order a lot of time has been passed. She also submitted that the applicant sent an application dated 13.03.2023 to the Office of the Gujarat High Court Legal Services Authority through jail authority for availing the service of the penal advocate of the Gujarat High Court Legal Services Authority. She has urged to condone the delay of 474 days in preferring this appeal.

4. Learned Additional Public Prosecutor has vehemently opposed the present application looking to the seriousness of the offence committed by the accused.

5. Having regard to the submissions advanced by the learned advocate for the applicant as well as the averments made in the application, in the interest of justice, the delay of 474 days requires to be condoned. The same is hereby condoned.

6. The present civil application stands allowed. Rule is made absolute.

(A. S. SUPEHIA, J)

(VIMAL K. VYAS, J) prk