Hirabhai Chelabhai Rabari vs State Of Gujarat
2023 Latest Caselaw 7407 Guj

                                                                                  NEUTRAL CITATION




     R/CR.MA/17818/2023                           ORDER DATED: 06/10/2023

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         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
                 DELAY) NO. 17818 of 2023

               In F/CRIMINAL APPEAL NO. 21398 of 2023

=============================================
                          HIRABHAI CHELABHAI RABARI
                                    Versus
                               STATE OF GUJARAT
=============================================
Appearance:
MR N R DESAI(6504) for the Applicant(s) No. 1
MR RONAK B. RAVAL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MS. JUSTICE GITA GOPI

                              Date : 06/10/2023

                                ORAL ORDER

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

1. Rule. Learned APP, waives service of notice of rule for Respondent-State of Gujarat.

2. The present application has been filed for condoning the delay of 44 days in filling Criminal Appeal against the judgment and order dated 03.03.2023 passed by the Special (POCSO) Judge and 7th (Adhoc) Addtional Sessions Judge, Banaskantha at Deodar in Special (POCSO) Case No.18 of 2021.

3. Considering the submissions advanced by the learned advocate for the applicant, the avernments made in the application and since the applicant is assailing his conviction

NEUTRAL CITATION

R/CR.MA/17818/2023 ORDER DATED: 06/10/2023

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and is in jail, in the interest of justice, the delay of 44 days in filling Criminal Appeal against the judgment and order dated 03.03.2023 passed by the Special (POCSO) Judge and 7 th (Adhoc) Addtional Sessions Judge, Banaskantha at Deodar in Special (POCSO) Case No.18 of 2021, deserves to be condoned.

4. The present application is allowed. The delay caused in filling Criminal Appeal is hereby condoned. Rule is made absolute to the aforesaid extent.

(A. S. SUPEHIA, J)

(GITA GOPI,J) MAHESH/38