Premjibhai Lakshmanbhai Rathod vs State Of Gujarat
2025 Latest Caselaw 5813 Guj

Gujarat High Court

Premjibhai Lakshmanbhai Rathod vs State Of Gujarat on 26 August, 2025

                                                                                                        NEUTRAL CITATION




                             R/CR.MA/13368/2025                            ORDER DATED: 26/08/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                                13368 of 2025
                                                     In
                                     F/CRIMINAL APPEAL NO. 17996 of 2025

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                                               PREMJIBHAI LAKSHMANBHAI RATHOD
                                                             Versus
                                                   STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR RUTURAJ NANAVATI(5624) for the Applicant(s) No. 1
                       MS URMILA N DESAI(5609) for the Respondent(s) No. 2
                       MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE CHEEKATI
                                MANAVENDRANATH ROY
                                and
                                HONOURABLE MR.JUSTICE D. M. VYAS

                                                       Date : 26/08/2025

                                                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. This application under Section 5 of the Limitation Act is filed to condone the delay of 152 days in filing the appeal against the judgment of acquittal.

2. Heard learned counsel for the petitioner, learned APP Mr.Tirthraj Pandya for respondent no.1-State and Ms.Urmila Desai, learned counsel for respondent no.2.

3. There is a delay of 152 days in filing the appeal against the judgment of acquittal. The reason assigned to explain the delay is that the accused are unaware of the legal position whether an appeal lies against the said judgment or not and, in

NEUTRAL CITATION

R/CR.MA/13368/2025 ORDER DATED: 26/08/2025

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ascertaining the said legal position and seeking advice in this regard that the said delay of 152 days took place and the same is not deliberate. Only a formal objection has been taken by respondent no.2 in opposing the application but the said facts stated by the petitioner are not specifically controverted. Therefore, in the said facts and circumstances of the case, we deem it proper to condone the delay in filing the appeal.

4. The application is allowed, condoning delay of 152 days in filing the appeal.

(CHEEKATI MANAVENDRANATH ROY, J)

(D. M. VYAS, J) R.S. MALEK