Dipakbhai Valjibhai Solanki vs State Of Gujarat
2025 Latest Caselaw 2160 Guj

Gujarat High Court

Dipakbhai Valjibhai Solanki vs State Of Gujarat on 28 January, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje, Samir J. Dave

                                                                                                              NEUTRAL CITATION




                           R/CR.MA/24120/2024                                  ORDER DATED: 28/01/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                               24120 of 2024

                                         In F/CRIMINAL APPEAL NO. 46616 of 2024

                      ==========================================================
                                                DIPAKBHAI VALJIBHAI SOLANKI
                                                            Versus
                                                  STATE OF GUJARAT & ORS.
                      ==========================================================
                      Appearance:
                      MR DHRUV D DESAI(9909) for the Applicant(s) No. 1
                      MR. L. B. DABHI, APP for the Respondent(s) No. 1
                      RULE SERVED TO CONCERNED POLICE STATION HOWEVER, SERVICE
                      REPORT NOT FILED BY POLICE STATION for the Respondent(s) No. 2,3,4
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                               and
                               HONOURABLE MR. JUSTICE SAMIR J. DAVE

                                                          Date : 28/01/2025

                                               ORAL ORDER

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

1. Mr. Harsurbhai Punabhai Khambhalya; respondent no.2- accused is present before the Court in person and desires to engage an Advocate and if permissible, through Legal Aid Service Authority.

2. This application is filed for condoning delay of 93 days

caused in preferring the Appeal against the judgment and order dated 01-07-2024 passed by the District and Sessions

NEUTRAL CITATION

R/CR.MA/24120/2024 ORDER DATED: 28/01/2025

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Judge, Bhavnagar in Sessions Case No.41/2019.

3. The Court has taken into consideration submissions made by

learned Advocate for the applicant explaining reasons for the delay as is narrated in Para-3 and Para-4 of the application.

4. Considering the nature of the Appeal that the applicant is

preferring and being the victim, as also 93 days delay not being inordinate, the delay is required to be condoned.

5. Hence, the application is allowed. Delay of 93 days is hereby

condoned. Rule is made absolute to the aforesaid extent.

6. The Registry is directed to list the Appeal in due course.

(A.Y. KOGJE, J)

(SAMIR J. DAVE,J) PARESH SOMPURA