Mohammad Tanvir Zakirbhai Shaikh vs State Of Gujarat
2023 Latest Caselaw 8038 Guj

                                                                               NEUTRAL CITATION




     R/CR.MA/19531/2023                          ORDER DATED: 02/11/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         19531 of 2023
            In F/CRIMINAL APPEAL NO. 37925 of 2023


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                    MOHAMMAD TANVIR ZAKIRBHAI SHAIKH
                                Versus
                          STATE OF GUJARAT
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Appearance:
NANAVATI & CO.(7105) for the Applicant(s) No. 1
MS VRUNDA C.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 : 02/11/2023

                             ORAL ORDER

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

1. RULE. Learned APP waives service of notice of rule for and on behalf of the respondent - State.

2. The present application has been filed under Section 5 of the Limitation Act for condoning the delay of 505 days caused in filing the captioned Criminal Appeal preferred against the judgment and order of conviction dated 18 th October 2021 passed by the learned 4 th Additional Sessions Judge, Surat, in Sessions Case No.50 of 2016.

3. Learned advocate for the applicant-convict submitted that because of lack of proper legal advice, the applicant could not

NEUTRAL CITATION

R/CR.MA/19531/2023 ORDER DATED: 02/11/2023

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prefer the appeal in time and, therefore, the delay has been caused in preferring the appeal. He, therefore, requested that since the delay is not intentional or deliberate and that it has been occasioned mainly because of lack of proper legal advice, the same may be condoned by allowing the application.

4. Learned APP Ms.Vrunda Shah has vehemently opposed the present application looking to the seriousness of the offence committed by the applicant-convict.

5. Having regard to the submissions advanced by the learned advocate for the applicant-convict as well as the averments made in the application and in the interest of justice since the applicant-convict is incarcerated in jail and he is challenging his conviction, the delay of 505 days caused in filing the captioned Criminal Appeal deserves to be and is hereby condoned.

6. The present Criminal Misc. Application stands allowed. Rule made absolute.

(A. S. SUPEHIA, J.)

(VIMAL K. VYAS, J.) /MOINUDDIN