Sariffuddin Shamimuddin Kaji vs State Of Gujarat
2023 Latest Caselaw 7471 Guj

                                                                                NEUTRAL CITATION




   R/CR.MA/17945/2023                              ORDER DATED: 09/10/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         17945 of 2023
            In F/CRIMINAL APPEAL NO. 26605 of 2023
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                        SARIFFUDDIN SHAMIMUDDIN KAJI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                               Date : 09/10/2023
                                ORAL ORDER

The present application has been filed for condonation of delay of 80 days in filing the captioned appeal against the judgment and order of conviction and sentence dated 28 th February, 2023 passed by the Special Judge (POCSO) and 2 nd Additional Sessions Judge, Fast Track Court, Surat in Special Case (POCSO) No. 282 of 2020.

Learned advocate for the applicant submits that the order of learned Judge passed on 28th February, 2023 and the applicant is in custody since then. That the father of the convict was serious and he wanted to engage an advocate of his choice and filed an application for parole leave before the competent Court but the same has been rejected vide order dated 3 rd June, 2023. Thereafter, the applicant was granted parole leave for a period of 15 days on the ground of taking care of his father and to arrange advocate fees and hence the delay of 80 days in filing the captioned appeal.

NEUTRAL CITATION

R/CR.MA/17945/2023 ORDER DATED: 09/10/2023

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Learned advocate for the applicant submits that the delay is not willful and deliberate and the same has been explained and the delay of 80 days in filing appeal may be condoned.

Learned Additional Public Prosecutor has objected the same looking to the seriousness of the offence.

Considering the submission advanced by the learned advocate for the applicant and considering the reasons made in the application, the present application requires consideration and the same is allowed and the delay of 80 days has been sufficiently explained and the same is hereby condoned. Application stands disposed of accordingly.

(S. V. PINTO,J) VVM