Shardaben Ambalal Dantani W/O Late ... vs State Of Gujarat
2024 Latest Caselaw 37 Guj

Gujarat High Court

Shardaben Ambalal Dantani W/O Late ... vs State Of Gujarat on 2 January, 2024

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                            NEUTRAL CITATION




     R/CR.MA/17986/2023                       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. 17986 of 2023
      In F/CRIMINAL MISC.APPLICATION NO. 25734 of 2023
=============================================
     SHARDABEN AMBALAL DANTANI W/O LATE AMBALAL ATMARAM
                          DANTANI
                           Versus
                      STATE OF GUJARAT
=============================================
Appearance:
D H KANTHARIYA(7505) for the Applicant(s) No. 1
DHAVAL A PARMAR(7780) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 2,4
MS KRINA P. CALLA, APP for the Respondent(s) No. 1
=============================================
 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 14.12.2023, this Court had passed the following order : -

"Though served, no one has chosen to appear on behalf of the respondent Nos.2 and 4.

As a last chance, the matter is kept on

02.01.2024."

2. Learned advocate Mr.Dhaval A. Parmar, appearing on behalf of the respondent No.3 is present. Though served, the respondent Nos.2 and 4 have chosen not to appear.

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

NEUTRAL CITATION

R/CR.MA/17986/2023 ORDER DATED: 02/01/2024

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4. The present application has been filed for condoning the delay of 31 days in filling Criminal Appeal against the judgment and order dated 11.04.2023 passed by the learned Judge, City Civil and Sessions Court, Court No.17, Ahmedabad in Sessions Case No.311 of 2012.

5. 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 31 days in filling Criminal Appeal against the judgment and order 11.04.2023 passed by the learned Judge, City Civil and Sessions Court, Court No.17, Ahmedabad in Sessions Case No.311 of 2012, deserves to be condoned.

6. 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/33