Ashokbhai Dipsing Nayak vs State Of Gujarat
2023 Latest Caselaw 7765 Guj

                                                                                NEUTRAL CITATION




   R/CR.MA/15501/2023                             ORDER DATED: 19/10/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        15501 of 2023

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                        ASHOKBHAI DIPSING NAYAK
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR KRUNAL G PATEL(8525) for the Applicant(s) No. 1
MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MS. JUSTICE GITA GOPI

                            Date : 19/10/2023

                        ORAL ORDER

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

1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule for the respondent-State.

2. The present application has been filed for condoning the delay of 446 days in filing the Criminal Appeal against the judgment and order dated 13.12.2021 passed by the learned Special POCSO Judge and Additional Sessions Judge, Morbi, in Sessions POCSO Case No.63 of 2016.

NEUTRAL CITATION

R/CR.MA/15501/2023 ORDER DATED: 19/10/2023

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3. Considering the submissions advanced by the learned Advocate for the applicant and the averments made in the application and also as the applicant is in jail and has challenged his conviction, the delay of 446 days in filing the Criminal Appeal against the judgment and order dated 13.12.2021 passed by the learned Special POCSO Judge and Additional Sessions Judge, Morbi, in Sessions POCSO Case No.63 of 2016, deserves to be condoned.

4. The present application is allowed. The delay of 446 days caused in filing of the Criminal Appeal is hereby condoned. Rule is made absolute to the aforesaid extent.

(A. S. SUPEHIA, J)

(GITA GOPI, J) CAROLINE / # 58