Hanifbhai Hajibhai Sumra vs State Of Gujarat
2024 Latest Caselaw 1971 Guj

Gujarat High Court

Hanifbhai Hajibhai Sumra vs State Of Gujarat on 4 March, 2024

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                  NEUTRAL CITATION




     R/CR.MA/23431/2023                              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.
                         23431 of 2023
            In F/CRIMINAL APPEAL NO. 40592 of 2023
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                          HANIFBHAI HAJIBHAI SUMRA
                                    Versus
                          STATE OF GUJARAT & ANR.
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
NOTICE UNSERVED 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. At the outset, learned advocate Mr.Chirag Aydi has submitted that he has instructions to appear on behalf of the respondent no.2.

2. RULE. Learned APP waives service of notice of rule for and on behalf of the respondent no.1 - State and learned advocate Mr.Chirag Aydi waives service of notice of rule for and on behalf of the respondent no.2 - original complainant.

3. The present application has been filed by the applicant- convict under Section 5 of the Limitation Act for condonation of delay of 12 days caused in filing the captioned Criminal Appeal preferred against the judgment and order dated 22.08.2023 passed by the learned 3rd Additional Sessions Judge and Special

NEUTRAL CITATION

R/CR.MA/23431/2023 ORDER DATED: 04/03/2024

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Judge (POCSO), Junagadh, in Special (POCSO) Case No.12 of 2021.

4. Learned advocate for the applicant-appellant has submitted that after the order of conviction was passed, the relative of the applicant had earlier contacted the advocate at Junagadh and he had assured to appear on behalf of the accused, however, later on he refused to appear saying that he is busy in one big trial matter and asked to engage another lawyer. Thereafter, another advocate was engaged and, therefore, the delay has occasioned in preferring the captioned Criminal Appeal. It is submitted that there is no deliberate inaction on the part of the appellant in filing the appeal. He has, therefore, urged before this Court to allow the present application and condone the delay.

5. 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 12 days caused in filing the captioned Criminal Appeal deserves to be and is hereby condoned. The present application stands allowed.

6. The registry shall accept the vakalatnama of learned advocate Mr.Chirag Aydi appearing for the respondent no.2 - original complainant, as and when the same is filed.

(A. S. SUPEHIA, J.)

(VIMAL K. VYAS, J.) /MOINUDDIN