Suraj @ Suresh S/O Ramdas ... vs State Of Gujarat
2023 Latest Caselaw 7408 Guj

                                                                             NEUTRAL CITATION




     R/CR.MA/17752/2023                        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. 17752 of 2023
           In F/CRIMINAL APPEAL NO. 35237 of 2023
=============================================
     SURAJ @ SURESH S/O RAMDAS SHIVPRASAD KACHHI (PATEL)
                            Versus
                       STATE OF GUJARAT
=============================================
Appearance:
MR.DARSHAN A. DAVE(7921) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
=============================================

 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 178 days in filling Criminal Appeal against the judgment and order dated 30.01.2023 passed by the Special Judge and Additional Sessions Judge, Devbhoomi Dwarka in Special POCSO Case No.29 of 2022 (Old Special POCSO Case No.20 of 2020).

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 and is in jail, in the interest of justice, the delay of 178 days in

NEUTRAL CITATION

R/CR.MA/17752/2023 ORDER DATED: 06/10/2023

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filling Criminal Appeal against the judgment and order dated 30.01.2023 passed by the Special Judge and Additional Sessions Judge, Devbhoomi Dwarka in Special POCSO Case No.29 of 2022 (Old Special POCSO Case No.20 of 2020), 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/37