Ahmadsha Mahemadsha Diwan vs State Of Gujarat
2024 Latest Caselaw 4645 Guj

Gujarat High Court

Ahmadsha Mahemadsha Diwan vs State Of Gujarat on 12 June, 2024

                                                                              NEUTRAL CITATION




   R/CR.MA/7862/2024                             ORDER DATED: 12/06/2024

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        7862 of 2024

          In R/CRIMINAL MISC.APPLICATION NO. 9150 of 2024

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                       AHMADSHA MAHEMADSHA DIWAN
                                  Versus
                         STATE OF GUJARAT & ANR.
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Appearance:
MR K I KAZI(5030) for the Applicant(s) No. 1
MR JAY MEHTA, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                             Date : 12/06/2024

                              ORAL ORDER

1. Learned advocate Mr.Harshit Karathia states at bar that he has instructions to appear on behalf of the respondent No.2.

2. This is an application filed by the applicant under Section 5 of the Limitation Act for condonation of delay of 24 days occurred in filing the application for seeking leave to prefer an appeal as well as criminal appeal against the judgment and order of acquittal dated 18.01.2024 passed by the learned Judicial Magistrate First Class, Mandal in Criminal Case No.640 of 2022.

3. Considering the explanation offered in the application as well as considering the length of delay i.e. 24 days

NEUTRAL CITATION

R/CR.MA/7862/2024 ORDER DATED: 12/06/2024

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occurred in preferring the application for seeking leave to appeal to prefer an appeal as well as criminal appeal, this Court deems it fit to allow this application.

4. Hence, this application is allowed. Delay of 24 days occurred in preferring the application for seeking leave to prefer an appeal is condoned. Rule is made absolute accordingly.

(M. K. THAKKER,J) M.M.MIRZA