Samantsinh @ Galo Himmatsinh Bariya vs State Of Gujarat
2024 Latest Caselaw 1969 Guj

Gujarat High Court

Samantsinh @ Galo Himmatsinh Bariya vs State Of Gujarat on 4 March, 2024

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                      NEUTRAL CITATION




     R/CR.MA/22337/2023                                  ORDER DATED: 04/03/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         22337 of 2023
            In F/CRIMINAL APPEAL NO. 41762 of 2023

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                  SAMANTSINH @ GALO HIMMATSINH BARIYA
                                 Versus
                        STATE OF GUJARAT & ANR.
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Appearance:
MS. DIXA U PANDYA(9412) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR DM JAISWAL, 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 : 04/03/2024

                             ORAL ORDER

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

1. Though the respondent no.2 has been served on 22.01.2024, she has chosen not to remain present before this Court.

2. RULE returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent no.1 - State.

3. The present application has been filed by the applicant- convict under Section 5 of the Limitation Act for condonation of delay of 170 days caused in filing the Criminal Appeal preferred against the judgment and order dated 16.03.2023 passed by the learned 3rd Additional Sessions Judge and Special Judge

NEUTRAL CITATION

R/CR.MA/22337/2023 ORDER DATED: 04/03/2024

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(Atrocity), Panchmahals at Halol, in Special (Atrocity) Case No.3 of 2020.

4. Since the applicant-convict is incarcerated in jail and is assailing his conviction and further considering the averments made in the application, in the interest of justice, the delay of 170 days caused in filing the Criminal Appeal deserves to be and is hereby condoned. The present application stands allowed.

(A. S. SUPEHIA, J.)

(VIMAL K. VYAS, J.) /MOINUDDIN