Parabat Dudabhai Gareja vs State Of Gujarat
2024 Latest Caselaw 3380 Guj

Gujarat High Court

Parabat Dudabhai Gareja vs State Of Gujarat on 16 April, 2024

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                 NEUTRAL CITATION




     R/CR.MA/2931/2024                            ORDER DATED: 16/04/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          2931 of 2024
             In F/CRIMINAL APPEAL NO. 4827 of 2024

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                         PARABAT DUDABHAI GAREJA
                                   Versus
                          STATE OF GUJARAT & ANR.
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Appearance:
MR KISHAN K NAYI(13080) for the Applicant(s) No. 1
NOTICE SERVED 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 : 16/04/2024

                              ORAL ORDER

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

1. On 4th April 2024, this Court has passed the following order :

"Though served, no one has chosen to appear on behalf of the respondent no.2. As a last chance, stand over to 16 th April 2024."

2. Today also, the position has remained unaltered. No one has entered appearance on behalf of the respondent no.2.

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

NEUTRAL CITATION

R/CR.MA/2931/2024 ORDER DATED: 16/04/2024

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4. The present application has been filed by the applicant- convict under Section 5 of the Limitation Act for condonation of delay of 15 days caused in filing the captioned Criminal Appeal preferred against the judgment and order of conviction dated 22.11.2023 passed by the learned 2nd Additional Sessions Judge, Visavadar, in POCSO Case No.4 of 2022.

5. Since the applicant-convict is incarcerated in jail and is assailing his conviction and further considering the averments made in the application, in the interest of justice, the delay of 15 days caused in filing the captioned Criminal Appeal deserves to be and is hereby condoned. The present application stands allowed.

(A. S. SUPEHIA, J.)

(VIMAL K. VYAS, J.) /MOINUDDIN