Ajit Zaverbhai Dho. Patel vs State Of Gujarat
2023 Latest Caselaw 8259 Guj

Gujarat High Court

Ajit Zaverbhai Dho. Patel vs State Of Gujarat on 28 November, 2023

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                 NEUTRAL CITATION




     R/CR.MA/20591/2023                            ORDER DATED: 28/11/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         20591 of 2023
            In F/CRIMINAL APPEAL NO. 40659 of 2023

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                          AJIT ZAVERBHAI DHO. PATEL
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
MR BHARGAV PANDYA, 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 : 28/11/2023

                             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 by the applicant- convict under Section 5 of the Limitation Act for condonation of delay of 522 days caused in filing the captioned Criminal Appeal preferred against the judgment and order of conviction and sentence dated 22.11.2021 passed by the learned Sessions Judge, Valsad, in Sessions Case No.57 of 2018.

3. By order dated 21st September 2023 passed in Criminal Miscellaneous Application No.17351 of 2022, a Coordinate

NEUTRAL CITATION

R/CR.MA/20591/2023 ORDER DATED: 28/11/2023

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Bench of this Court has condoned the delay in the case of a co- accused and the Criminal Appeal has been admitted.

4. Since the applicant-convict is incarcerated in jail and is assailing his conviction and further considering the averments made in the application, in the interest of justice, the delay of 522 days caused in filing the captioned Criminal Appeal deserves to be and is hereby condoned. The present application stands disposed of accordingly.

(A. S. SUPEHIA, J.)

(VIMAL K. VYAS, J.) /MOINUDDIN