Gurukrupa Agency vs State Of Gujarat
2024 Latest Caselaw 5109 Guj

Gujarat High Court

Gurukrupa Agency vs State Of Gujarat on 20 June, 2024

Author: Gita Gopi

Bench: Gita Gopi

                                                                               NEUTRAL CITATION




    R/CR.RA/736/2024                            ORDER DATED: 20/06/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
             SUBORDINATE COURT) NO. 736 of 2024

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                       GURUKRUPA AGENCY & ANR.
                                 Versus
                        STATE OF GUJARAT & ANR.
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Appearance:
KANAKSINH D CHAUHAN(9418) for the Applicant(s) No. 1,2
MR VIRAL V DAVE(3846) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MR HARDIK MEHTA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                            Date : 20/06/2024

                             ORAL ORDER

1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent - State.

2. By way of this application, the applicant has made a prayer to quash and set aside the order of rejection of the learned 8th Additional Sessions Judge, Rajkot in Criminal Miscellaneous Application No.548 of 2024.

3. In compliance of the order of this Court dated 19.06.2024, the Report of the Jail Authority was called for. Today, the learned Additional Public

NEUTRAL CITATION

R/CR.RA/736/2024 ORDER DATED: 20/06/2024

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Prosecutor produces a Report of the Superintendent of the Rajkot Central Jail according to which the applicant is suffering the sentence.

4. Heard learned Advocate for the applicants Mr. Viral V. Dave, who submits that a delay of 81 days has occurred in filing the Appeal before the learned Appellate Court and therefore, the application for condonation of delay was preferred, which was rejected. It is further submitted that the above delay has occurred as the applicant was not present at the time when the judgment was declared. It is also submitted that warrant of sentence was not served but the applicant surrendered before the Court and was sent to serve the sentence. It is further submitted that this Court may permit the applicant to challenge the Appeal by condoning the delay.

5. On the other hand, learned Additional Public Prosecutor submitted that every person has a statutory right to file an Appeal and since the applicant is now in jail, the above delay may be condoned so that the applicant can challenge in the Appeal.

NEUTRAL CITATION

R/CR.RA/736/2024 ORDER DATED: 20/06/2024

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6. Considering the submissions advanced and in view of the facts and circumstances of the case, the present application is allowed. The order of rejection passed by the learned 8th Additional Sessions Judge, Rajkot in Criminal Miscellaneous Application No.548 of 2024 is quashed and set aside. The delay of 81 days in filing of the Appeal is condoned. The applicant to pursue the Appeal before the learned Appellate Court.

7. Rule is made absolute. Direct Service is permitted.

Sd/-

(GITA GOPI, J) CAROLINE