Sanjaykumar Mohanbhai Devaliya vs State Of Gujarat
2023 Latest Caselaw 7368 Guj

                                                                             NEUTRAL CITATION




     R/CR.MA/17249/2023                        ORDER DATED: 05/10/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         17249 of 2023
            In F/CRIMINAL APPEAL NO. 34335 of 2023
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                     SANJAYKUMAR MOHANBHAI DEVALIYA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR BC DAVE(245) for the Applicant(s) No. 1
MS. ASHMITA PATEL, APP, for the Respondent(s) No. 1
MR. HARSHEEL D. SHUKLA, for MR. KSHITIJ AMIN for the Respondent(s)
No. 2
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
       and
       HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                       Date : 05/10/2023
                        ORAL ORDER

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

1. This application is filed for condonation of delay of 94 days in preferring an appeal against the judgment and order of conviction recorded by the Special Judge, City Civil and Sessions Court, Court No.1, Ahmedabnad in NIA Special Case No.01 of 2019.

2. Learned advocate appearing for the applicant has taken us through the averments made in paras-3 and 5 indicating the reasons for which delay has occurred.

3. Learned advocate Mr.Harseel D. Shukla for learned standing counsel Mr. Kshitij Amin appearing for respondent No.2-NIA does not seriously object to the delay of 94 days.

4. Heard learned advocates for the parties and perused the documents placed on record. Considering the facts of the case

NEUTRAL CITATION

R/CR.MA/17249/2023 ORDER DATED: 05/10/2023

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where the applicant is now convict and is in custody since 19.10.2018 and that reasons mentioned in paras-3 to 5 of the applicant, the Court deems it fit that the sufficient explanation is given for delay of 94 days. In any case, considering the conviction of the applicant, delay of 94 days cannot be considered to be inordinate. Hence, the delay of 94 days is hereby condoned and the application is hereby allowed.

(A.Y. KOGJE, J)

(RAJENDRA M. SAREEN,J) SIDDHARTH