Pavan Shankarbhai Dantani (Devi ... vs State Of Gujarat
2023 Latest Caselaw 6422 Guj

                                                                                   NEUTRAL CITATION




     R/CR.MA/15389/2023                             ORDER DATED: 02/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 15389 of 2023

                    In F/CRIMINAL APPEAL NO. 19591 of 2023

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                 PAVAN SHANKARBHAI DANTANI (DEVI PUJAK)
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR JALDIP B TAILOR(11438) for the Applicant(s) No. 1
MR. K.M.ANTANI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE M. R. MENGDEY

                               Date : 02/09/2023

                        ORAL ORDER

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

1. Rule. Mr. K.M.Antani, learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. This application is filed for condoning the delay of 5 days in preferring Criminal Appeal challenging the judgment and order dated 31.3.2023 passed in Special Case (POCSO) No. 14 of 2021 with Special Case (POCSO) No. 35 of 2021 below Exh. 88, by the learned Special Judge (POCSO), City Civil & Sessions Court, Court No. 13, Ahmedabad City.

3. Learned advocate for the applicant has submitted that originally the entire record of the case was not available and some time has been consumed in procuring the entire set of

NEUTRAL CITATION

R/CR.MA/15389/2023 ORDER DATED: 02/09/2023

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case papers of the trial and therefore, he is unable to file the appeal within period of limitation. He has further submitted that the present appellant is lodged in Central Jail, Ahmedabad and he is seeking condonation of 5 days in filing the appeal.

4. Learned APP for the respondent-State has opposed the present application and has submitted that the present application may not be allowed and delay may not be condoned.

5. Having regard to the aforesaid facts, more particularly that the applicant is facing conviction and is lodged in the jail and is assailing his conviction, the present application is allowed. Delay of 5 days caused in preferring the Criminal Appeal is condoned. Rule is made absolute to the aforesaid extent.

(A. S. SUPEHIA, J)

(M. R. MENGDEY,J) BEENA SHAH