Virambhai @ Virmal Ramsingbhai Makwana vs State Of Gujarat
2025 Latest Caselaw 2819 Guj

Gujarat High Court

Virambhai @ Virmal Ramsingbhai Makwana vs State Of Gujarat on 7 February, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                     NEUTRAL CITATION




                           R/CR.MA/12959/2024                           ORDER DATED: 07/02/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                               12959 of 2024

                                    In R/CRIMINAL MISC.APPLICATION NO. 3061 of 2025
                                                         With
                                      R/CRIMINAL MISC.APPLICATION NO. 3061 of 2025
                                                           In
                                           R/CRIMINAL APPEAL NO. 1151 of 2023
                      ================================================================
                                      VIRAMBHAI @ VIRMAL RAMSINGBHAI MAKWANA
                                                       Versus
                                                 STATE OF GUJARAT
                      ================================================================
                      Appearance:
                      M S PADALIYA(7406) for the Applicant(s) No. 1
                      MR.L.B.DABHI, APP, for the Respondent(s) No. 1
                      ================================================================
                         CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                               and
                               HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                              Date : 07/02/2025
                                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

ORDER IN CRIMINAL MISC. APPLICATION NO.12959 OF 2024

1. The present application is filed for condonation of delay of 342 days caused in filing the application for restoration.

2. The applicant is still undergoing the sentence as inflicted by the impugned judgment and order.

3. Learned advocate for the applicant has drawn attention to the averments made in paras-3 and 4 giving out the reason for delay which has occurred considering the fact that the applicant is still in custody and delay have explained.

NEUTRAL CITATION

R/CR.MA/12959/2024 ORDER DATED: 07/02/2025

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4. In view of the aforesaid, the application is allowed. The delay of 342 days caused in filing the application for restoration is condoned.

ORDER IN CRIMINAL MISC. APPLICATION NO.3061 OF 2025

1. The present application is filed for restoration of the main appeal being Criminal Appeal No.1151 of 2023.

2. The applicant is still undergoing the sentence as inflicted by the impugned judgment and order.

3. The appeal came to be dismissed for want of prosecution by an order dated 23.06.2023 on account of absence of learned advocate consistently.

4. Today, learned advocate appearing on behalf of the applicant has drawn out attention to the averments made in paras- 3 and 4 of this application, stating the condition under which the appeal had gone unattended. Learned advocate also assures the Court that as and when the appeal is listed for hearing, the same would be attended vigilantly.

5. In view of the aforesaid, the application is allowed. The application for restoration is allowed. Appeal is ordered to be listed on its original file.

(A.Y. KOGJE, J)

(HASMUKH D. SUTHAR,J) SIDDHARTH