Shahidbhai Yusufbhai Chhipa ... vs State Of Gujarat
2023 Latest Caselaw 6501 Guj

                                                                                  NEUTRAL CITATION




     R/CR.MA/15699/2023                             ORDER DATED: 05/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 15699 of 2023

                    In F/CRIMINAL APPEAL NO. 32154 of 2022

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                  SHAHIDBHAI YUSUFBHAI CHHIPA (MUSLIM)
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR JEET J BHATT(6154) for the Applicant(s) No. 1
MR KANVA 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 : 05/09/2023

                          ORAL ORDER

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

1. Rule. Mr. Kanva Antani, learned APP waives service rule for the respondent-State.

2. This application is filed for condoning the delay of 100 days in preferring Criminal Appeal challenging the judgment and order dated 26.04.2022 passed in Special (POCSO) Case No.66 of 2018 by Special Judge (POCSO) & Additional Sessions Judge, Anand.

3. Learned advocate for the applicant has submitted that due to financial crunch having been faced by the family members of the appellant, he is unable to file the appeal within period of limitation.

NEUTRAL CITATION

R/CR.MA/15699/2023 ORDER DATED: 05/09/2023

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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 100 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) GIRISH /63