Sandip Ashok Vetal vs State Of Gujarat
2024 Latest Caselaw 478 Guj

Gujarat High Court

Sandip Ashok Vetal vs State Of Gujarat on 18 January, 2024

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                               NEUTRAL CITATION




     R/CR.MA/21627/2023                          ORDER DATED: 18/01/2024

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          21627 of 2023
             In F/CRIMINAL APPEAL NO. 39752 of 2023
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                          SANDIP ASHOK VETAL
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MS. CHETNABEN JOSHI(2313) for the Applicant(s) No. 1
MR. TIRTHRAJ PANDYA, 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 : 18/01/2024
                             ORAL ORDER

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

1. The present application is filed seeking condonation of delay of 2723 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. Chetnaben Joshi for the applicant has submitted that the applicant challenged the judgment and order of conviction dated 29.3.2014 passed by learned Principal Sessions Judge, Mahisagar in Sessions Case No.1 of 2013 of the offence punishable under Sections 201, 302, 376 read with Section 511 and 144 of the Indian Penal Code, 1860 (for short, "the IPC").

4. Learned advocate for the applicant has submitted that the applicant is only bread winner in his family and since last 10 years he is in jail and therefore, his financial condition is not well and he suffered financial crises. She further submitted that due to above

NEUTRAL CITATION

R/CR.MA/21627/2023 ORDER DATED: 18/01/2024

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reason applicant has not approached any lawyer with regard to file the criminal appeal immediately and after managing the advocate fees from the relatives and friends the applicant has approached the private advocate for filing the appeal before this Hon'ble Court against the impugned order. She also submitted that thereafter the relevant papers were handed over to the present lawyer. After going through the papers and detailed discussions, the present appeal is preferred before this Hon'ble Court and in the process some delay has occurred. She submitted that the applicant is not aware of the provisions of law, more particularly law of limitation. Hence, she urged to condone the delay.

5. Learned APP Mr. Tirthraj Pandya 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, the applicant- convict incarcerated in jail since 7.1.2013 and challenging his conviction, in the interest of justice, the delay of 2723 days in filing the captioned criminal appeal 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