Jivanbhai Methabhai Zala vs State Of Gujarat
2024 Latest Caselaw 13 Guj

Gujarat High Court

Jivanbhai Methabhai Zala vs State Of Gujarat on 1 January, 2024

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                 NEUTRAL CITATION




     R/CR.MA/23008/2023                          ORDER DATED: 01/01/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         23008 of 2023
            In F/CRIMINAL APPEAL NO. 45976 of 2023
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                          JIVANBHAI METHABHAI ZALA
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MS. MAYURI P CHAUHAN(7069) for the Applicant(s) No. 1
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 : 01/01/2024
                             ORAL ORDER

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

1. The present application is filed seeking condonation of delay of 591 days in filing the captioned criminal appeal.

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

3. Learned advocate Ms. Mayuri Chauhan has submitted that in the main petition, the applicant is challenging the judgment and order of conviction dated 7.3.2022 passed by learned Additional Sessions Judge, City Civil and Sessions Court, Ahmedabad in Sessions Case No.333 of 2017 for the offence punishable under Section 302 of the Indian Penal Code and Section 114 for life imprisonment with fine of Rs.15,000/- and in default, simple imprisonment for six months and one month imprisonment under Section 323 read with Section 114 of the IPC.

NEUTRAL CITATION

R/CR.MA/23008/2023 ORDER DATED: 01/01/2024

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4. Learned advocate has further submitted that the applicant is convicted on 7.3.2022 but the situation was that he was in jail during the trial and at that time his only son was helping him and he has left the applicant after conviction and disconnected with the applicant. She also submitted that because of suddent conviction of life imprisonment, the applicant was in deep shock and he was unable to manage the advocate before he surrendered before the learned Sessions Court and other family members of the applicant are not in a position to complete all the proceedings for filing an appeal in time and also not in a position to pay fees for filing an appeal. Learned advocate urged to condone the delay of 591 days in preferring the criminal appeal.

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

6. Having regard to the submissions advanced by the learned advocate for the applicant as well as the averments made in the application, since the applicant is challenging his conviction, in the interest of justice, the delay of 591 days requires to be condoned. The same is hereby condoned.

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

(A. S. SUPEHIA, J)

(VIMAL K. VYAS, J) prk