Ahmedbhai Ibrahimbhai Babia vs State Of Gujarat
2024 Latest Caselaw 1318 Guj

Gujarat High Court

Ahmedbhai Ibrahimbhai Babia vs State Of Gujarat on 14 February, 2024

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                  NEUTRAL CITATION




     R/CR.MA/832/2024                             ORDER DATED: 14/02/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          832 of 2024
        In F/CRIMINAL MISC.APPLICATION NO. 1275 of 2024
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                        AHMEDBHAI IBRAHIMBHAI BABIA
                                   Versus
                            STATE OF GUJARAT
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Appearance:
MS. BHAVNA D ACHARYA(6406) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MS. KRINA CALLA, 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 : 14/02/2024

                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE VIMAL K. VYAS)

1. Though served, no one has chosen to appear on behalf of the respondent No.2.

2. The present application is filed seeking condonation of delay of 29 days in filing the captioned criminal appeal.

3. Rule returnable forthwith. Learned APP waives service of Rule for the respondent -State.

4. Learned advocate Ms. Bhavna Acharya for the applicant has submitted that after receving the the judgment and order dated 9.10.2023, the applicant applied for the certified copy of the said impugned judgment on 1.11.2023 and the same was ready on 2.11.2023 and delivered on 3.11.2023.

NEUTRAL CITATION

R/CR.MA/832/2024 ORDER DATED: 14/02/2024

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5. Learned advocate also submitted that on receipt of the relevant papers by the applicant and after getting advice of his advocate at local level on 8.11.2023, he approached the Hon'ble High Court Legal Services Committee and provided documents and thereafter the said mater was allotted to an advocate on 12.12.2023 and after calling the necessary papers, the appeal was drafted and is filed before this Hon'ble Court, therefore the delay is occurred in filing the captioned Criminal Appeal. She has requested to condone the delay of 29 days in preferring the Criminal Appeal.

6. Learned Additional Public Prosecutor has vehemently opposed the present application looking to the seriousness of the offence committed by the accused.

7. Having regard to the submissions advanced by the learned advocate for the applicant as well as the averments made in the application, in the interest of justice, the delay of 29 days in filing the captioned criminal appeal requires to be condoned. The same is hereby condoned.

8. The present application stands allowed. Rule is made absolute.

(A. S. SUPEHIA, J)

(VIMAL K. VYAS, J) prk