Bhagwanbhai Kashiram Patil vs State Of Gujarat
2023 Latest Caselaw 7097 Guj

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     R/CR.MA/17063/2023                           ORDER DATED: 26/09/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY)
                    NO. 17063 of 2023
     In F/CRIMINAL MISC.APPLICATION NO. 30198 of 2023
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                          BHAGWANBHAI KASHIRAM PATIL
                                   Versus
                              STATE OF GUJARAT
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Appearance:
KRUSHALKUMAR D SHELADIYA(8017) for the Applicant(s) No. 1
for the Respondent(s) No. 2
Ms. Monali Bhatt, Addl.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
                  Date : 26/09/2023

                                 ORAL ORDER

1. Heard learned advocate for the applicant - original complainant. Rule returnable forthwith. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent State. Noticing the minimal number of days involved in this application seeking condonation of delay, matter is taken up for hearing even in absence of respondent- original accused.

2. This application is filed under Section 5 of the Limitation Act seeking condonation of delay of 10 days caused in preferring the leave to appeal as well as appeal against the impugned judgment and order of acquittal dated 09.06.2023 passed in Criminal Case No.74295 of 2021 passed by the learned 17 th Additional Chief Judicial Magistrate, Surat.

3. It is submitted by learned advocate for the applicant that

NEUTRAL CITATION

R/CR.MA/17063/2023 ORDER DATED: 26/09/2023

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the applicant is a retired person and the original proceedings came to be terminated by the learned Magistrate while exercising the powers conferred under Section 256 of the Code of Criminal Procedure, which according to the learned advocate has been exercised in the mechanical manner. It is further submitted by the learned advocate that dismissing the matter at the stage of condonation of delay would aggravate the condition of the original complainant as it will not be decided on merits without any sufficient opportunity being given to the complainant to address his case on merits. He further submitted that there is no inaction or negligency on the part of the applicant who was otherwise pursuing the proceedings for filing appeal before this Court. He, therefore, urged this Court to take liberal approach and condone the delay.

4. Learned advocate for the applicant in support of his submission to condone the delay has relied upon the following judgments;

(I). Sobhanakumari K Vs. Snthosh @ Pallan Shaji reported in 2018(1) KHC 195.

(ii). N. Balakrishnan vs. M. Krishnamurty reported in (1998) 7 SCC 123.

(iii). Collector (LA) vs. Katiji reported in (1987) 2 SCC 107.

(v). Mallikarjun Kodagali (Dead) represented through Legal Representatives vs. State of Karnataka and Ors reported in (2018) 5 KHC 362.

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R/CR.MA/17063/2023 ORDER DATED: 26/09/2023

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5. Considering the submissions made by the learned advocate for the applicant and having perused averments made in the application, this Court is convince to exercise its discretion of condoning the delay of minimal days involved in preferring the leave to appeal as well as appeal against the order of acquittal. In the opinion of this Court, sufficient cause has been shown by the learned advocate for the applicant to consider the case for condonation of delay. Hence, delay of 10 days caused in filing leave to appeal as well as appeal is hereby condoned. Rule is made absolute to the aforesaid extent.

(NISHA M. THAKORE,J) KAUSHIK J. RATHOD