Vishnubhai Kishorbhai Dantani vs State Of Gujarat
2024 Latest Caselaw 2952 Guj

Gujarat High Court

Vishnubhai Kishorbhai Dantani vs State Of Gujarat on 1 April, 2024

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                       NEUTRAL CITATION




      R/CR.MA/22570/2023                                 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.
                         22570 of 2023
            In F/CRIMINAL APPEAL NO. 39973 of 2023


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                           VISHNUBHAI KISHORBHAI DANTANI
                                       Versus
                              STATE OF GUJARAT & ANR.
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Appearance:
MS.AKSHITABA SOLANKI(6782) for the Applicant(s) No. 1
MR. AAMIR S PATHAN(7142) for the Respondent(s) No. 2
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE VIMAL K. VYAS

                             Date : 01/04/2024
                              ORAL ORDER

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

1. RULE. Learned APP waives service of notice of rule for and on behalf of the respondent No.1 - State.

2. The present application has been filed under Section 5 of the Limitation Act for condonation of delay of 52 days caused in filing the captioned Criminal Appeal preferred against the judgment and order of conviction dated 6th July 2023 passed by the learned City Civil & Sessions Judge, Court No.22, Ahmedabad, in Special (POCSO) Case No.82 of 2021.

3. Learned advocate for the applicant-convict submitted that since the applicant is a poor uneducated person and the only

NEUTRAL CITATION

R/CR.MA/22570/2023 ORDER DATED: 01/04/2024

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earning member in the family, he could not prefer the appeal earlier. However, with the help from the friends and relatives he could, thereafter, manage the funds and engaged an advocate to file an appeal and, therefore, some delay has occasioned in filing the appeal. He, therefore, urged that the same may be condoned by allowing the application.

4. Learned APP Mr.Ronak Raval has vehemently opposed the present application looking to the seriousness of the offence committed by the applicant-convict.

5. Having regard to the submissions advanced by the learned advocate for the applicant-convict as well as the averments made in the application and in the interest of justice since the applicant-convict is incarcerated in jail and he is challenging his conviction, the delay of 52 days caused in filing the captioned Criminal Appeal deserves to be and is hereby condoned.

6. The present Criminal Misc. Application stands allowed. Rule made absolute.

(A. S. SUPEHIA, J.)

(VIMAL K. VYAS, J.) /MOINUDDIN