State Of Gujarat vs Rathod Jashwantsinh Somsinh
2024 Latest Caselaw 36 Guj

Gujarat High Court

State Of Gujarat vs Rathod Jashwantsinh Somsinh on 2 January, 2024

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                 NEUTRAL CITATION




     R/CR.MA/17642/2023                            ORDER DATED: 02/01/2024

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         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
                  DELAY) NO. 17642 of 2023
           In F/CRIMINAL APPEAL NO. 34636 of 2023
=============================================
                                STATE OF GUJARAT
                                     Versus
                          RATHOD JASHWANTSINH SOMSINH
=============================================
Appearance:
MS KRINA P. CALLA, APP for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2,3
=============================================
 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE VIMAL K. VYAS

                               Date : 02/01/2024

                                 ORAL ORDER

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

1. On 08.11.2023, this Court had passed the following order : -

"Though served, no one has chosen to appear on behalf of the respondents. As a last chance, the matter is adjourned to 12.12.2023."

2. Today, it is reported by the learned advocate Mr.Dhaval Trivedi, that learned advocate Mr.Pratik B. Barot, is appearing on behalf of the respondents and he shall file his Vakalatnama today itself.

3. Registry shall accept his Vakalatnama, as and when the same is filed.

NEUTRAL CITATION

R/CR.MA/17642/2023 ORDER DATED: 02/01/2024

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4. Rule. Learned APP, waives service of notice of rule for Respondent-State of Gujarat.

5. The present application has been filed for condoning the delay of 65 days in filling Criminal Appeal against the judgment and order dated 12.04.2023 passed by the Sessions Judge, Mehsana in Sessions Case Nos.67/2017 and 61 of 2019.

6. Considering the submissions advanced by the learned advocate for the applicant, the avernments made in the application and since the applicant is assailing his conviction and is in jail, in the interest of justice, the delay of 65 days in filling Criminal Appeal against the judgment and order dated 12.04.2023 passed by the Sessions Judge, Mehsana in Sessions Case Nos.67/2017 and 61 of 2019, deserves to be condoned.

7. The present application is allowed. The delay caused in filling Criminal Appeal is hereby condoned. Rule is made absolute to the aforesaid extent.

(A. S. SUPEHIA, J)

(VIMAL K. VYAS, J) MAHESH/32