Sanjaybhai Chaganbhai Makwana vs State Of Gujarat
2023 Latest Caselaw 7771 Guj

                                                                                  NEUTRAL CITATION




     R/CR.MA/18787/2023                             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.
                        18787 of 2023

                    In F/CRIMINAL APPEAL NO. 34794 of 2023

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                      SANJAYBHAI CHAGANBHAI MAKWANA
                                   Versus
                             STATE OF GUJARAT
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Appearance:
BHAVIN B THAKAR(9371) for the Applicant(s) No. 1
MR RONAK 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 : 19/10/2023

                        ORAL ORDER

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

1. Rule. Learned APP waives service of notice of rule for the respondent State.

2. The present application has been filed for condoning the delay of 473 days in filling Criminal Appeal against the judgment and order dated 6.4.2022 passed by the learned 3 rd Sessions Judge, Bhavnagar in Special POCSO Case No.9 of 2022.

3. It is submitted that the main reason due to which the delay occurred in preferring the present appeal before this court was that after passing of the judgment by the trial court the applicant was not aware about the procedure of the court.

NEUTRAL CITATION

R/CR.MA/18787/2023 ORDER DATED: 19/10/2023

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4. Since the applicant-convict is incarcerated in jail and is assailing the conviction and considering the averments made in the application, in the interest of justice, the delay of 473 days in filling Criminal Appeal against the judgment and order dated 6.4.2022 passed by the learned 3rd Sessions Judge, Bhavnagar in Special POCSO Case No.9 of 2022 deserves to be condoned and is hereby condoned.

5. The present application is allowed. Rule is made absolute to the aforesaid extent.

(A. S. SUPEHIA, J)

(GITA GOPI,J) Maulik/27