Dharmeshkumar Dashrathbhai Patani vs State Of Gujarat
2024 Latest Caselaw 2948 Guj

Gujarat High Court

Dharmeshkumar Dashrathbhai Patani vs State Of Gujarat on 1 April, 2024

                                                                              NEUTRAL CITATION




   R/CR.MA/4737/2024                           ORDER DATED: 01/04/2024

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        4737 of 2024

          In F/CRIMINAL MISC.APPLICATION NO. 8637 of 2024

                               With
            F/CRIMINAL MISC.APPLICATION NO. 8637 of 2024
                                 In
                 F/CRIMINAL APPEAL NO. 8638 of 2024
                               With
                 F/CRIMINAL APPEAL NO. 8638 of 2024
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               DHARMESHKUMAR DASHRATHBHAI PATANI
                             Versus
                    STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR JIGAR B OZA(11654) for the Applicant(s) No. 1
MS.VRUNDA SHAH, APP for the Respondent(s) No. 1
MR. HARDIK.Y.KOTHARI for the Respondent(s) No. 2
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                          Date : 01/04/2024

                           ORAL ORDER

1. This is an application filed by the applicant under

Section 5 of the Limitation Act for condonation of delay

of 55 days occurred in filing the application for seeking

leave to prefer an appeal against the judgment and order

of acquittal dated 07.11.2023 passed by the learned

Additional Chief Metropolitan Magistrate, Gheekanta,

District: Ahmedabad in Criminal Case No. 63946 of

NEUTRAL CITATION

R/CR.MA/4737/2024 ORDER DATED: 01/04/2024

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2021.

2. Learned Advocate Mr.Hardik Kothari states at bar that

he has instructions to appear on behalf of respondent no.

2 and he would file the vakalatnama during the course of

the day.

3. Considering the explanation offered in the application as

well as considering the length of delay i.e. 55 days

occurred in preferring the application for seeking leave

to prefer an appeal, this Court deems it fit to allow this

application.

4. Hence, this application is allowed. Delay of 55 days

occurred in preferring the application for seeking leave

to prefer an appeal is condoned. Rule is made absolute

accordingly.

(M. K. THAKKER,J) ARCHANA S. PILLAI