Dilipbhai @ Kino Maheshbhai ... vs State Of Gujarat
2023 Latest Caselaw 7772 Guj

                                                                                  NEUTRAL CITATION




     R/CR.MA/18781/2023                             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.
                        18781 of 2023

                    In F/CRIMINAL APPEAL NO. 37580 of 2023

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                   DILIPBHAI @ KINO MAHESHBHAI SOLANKI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR.DARSHAN A. DAVE(7921) 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 447 days in filling Criminal Appeal against the judgment and order dated 23.5.2022 passed by the learned Additional Sessions Judge, Jetpur in Sessions Case No.27 of 2018.

3. It is submitted that pursuant to the above order the applicant was in judicial custody. The present applicant belongs to a socially and economically backward family and the parents of the applicant are no more and therefore he did not have proper guidance related to appeal in High Court. While he was in jail he got guidance to file

NEUTRAL CITATION

R/CR.MA/18781/2023 ORDER DATED: 19/10/2023

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an appeal in the High Court. Therefore he has written the application to Secretary, State Legal Service Committee, High Court seeking legal aid to file appeal in the High Court on 20.9.2023. It is submitted that the High Court Legal Services Authority has allotted advocate vide letter dated 26.9.2023 and therefore the delay has occurred in preferring the appeal.

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 447 days in filling Criminal Appeal against the judgment and order dated 23.5.2022 passed by the learned Additional Sessions Judge, Jetpur in Sessions Case No.27 of 2018 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/26