State Of Gujarat vs Rathod Kesharben Gopalji
2024 Latest Caselaw 38 Guj

Gujarat High Court

State Of Gujarat vs Rathod Kesharben Gopalji on 2 January, 2024

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                 NEUTRAL CITATION




     R/CR.MA/19217/2023                          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. 19217 of 2023

      In F/CRIMINAL MISC.APPLICATION NO. 37534 of 2023

=============================================
                              STATE OF GUJARAT
                                   Versus
                          RATHOD KESHARBEN GOPALJI
=============================================
Appearance:
MR TIRTHRAJ PANDYA, APP for the Applicant(s) No. 1
MR PRATIK B BAROT(3711) for the Respondent(s) No. 1,2
=============================================
 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. Rule. Learned APP waives service of notice of rule for the respondent State.

2. The present application has been filed for condoning the delay of 75 days in filling Criminal Appeal against the judgment and order dated 25.04.2023 passed by the Sessions Judge, Mehsana in Sessions Case No.56 of 2022, whereby the Trial Court has acquitted the opponents for the offences under Sections 302 and 114 of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act, 1951.

3. Being aggrieved and dissatisfied with the judgment and order, the State of Gujarat has preferred an appeal under

NEUTRAL CITATION

R/CR.MA/19217/2023 ORDER DATED: 02/01/2024

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Section 378(1) of the Code of Criminal Procedure, 1973 against the acquittal of the opponents.

4. Learned Additional Public Prosecutor has submitted that judgment and order of acquittal passed by the Trial Court on 25.04.2023 and certified copy of the same was applied on 25.04.2023, which was ready for delivery on 29.04.2023 and actually obtained on 29.04.2023. Thus, after considering the period of limitation, last date for preferring an appeal was 29.07.2023 and the appeal came to be filed on 12.10.2023. Hence, there is delay of 75 days in preferring the appeal. It is urged that the said delay may be condoned.

5. Considering the submission advanced by the learned APP and the averments made in the application, the delay of 75 days in filling Criminal Appeal against the judgment and order dated 25.04.2023 passed by the Sessions Judge, Mehsana in Sessions Case No.56 of 2022 , deserves to be condoned and is hereby condoned.

6. The present application is allowed. Rule is made absolute to the aforesaid extent.

(A. S. SUPEHIA, J)

(VIMAL K. VYAS, J) MAHESH/34