Nagarabhai Titriyabhai Bhabhor vs Chhaganbhai Navalabhai Damor
2025 Latest Caselaw 1176 Guj

Gujarat High Court

Nagarabhai Titriyabhai Bhabhor vs Chhaganbhai Navalabhai Damor on 21 July, 2025

                                                                                                               NEUTRAL CITATION




                           R/CR.MA/10210/2025                                    ORDER DATED: 21/07/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY)
                                         NO. 10210 of 2025

                              In F/CRIMINAL MISC.APPLICATION NO. 19651 of 2025

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                                        NAGARABHAI TITRIYABHAI BHABHOR
                                                     Versus
                                      CHHAGANBHAI NAVALABHAI DAMOR & ANR.
                      ==========================================================
                      Appearance:
                      MR. JAINAMSINGH J RATHOD(14277) for the Applicant(s) No. 1
                      NOTICE SERVED for the Respondent(s) No. 1
                      PUBLIC PROSECUTOR for the Respondent(s) No. 2
                      ==========================================================

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

                                                        Date : 21/07/2025

                                                  ORAL ORDER

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. Despite service of notice on respondent no.1, he did not enter his appearance in this matter. Heard Mr. Jainamsingh Rathod, learned Counsel for the petitioner.

2. This appeal is filed to condone the delay of 386 in filing the Criminal Appeal against the judgment of acquittal in Sessions Case No.100 of 2002 on the file of learned Additional Sessions Judge, Morbi.

3. The case is relating to the murder of the daughter of

NEUTRAL CITATION

R/CR.MA/10210/2025 ORDER DATED: 21/07/2025

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the appellant, punishable under Section 302 of IPC. According to the learned Counsel for the petitioner, the appellant is illiterate and is also a poor man and because of his financial constraints and also in seeking legal advice and as he expected that the State would prefer appeal as it relates to grave offence of murder, he could not prefer appeal within time and the said delay occurred due to the aforesaid reasons. He submits that the delay is not intentional and it is because of the aforesaid unavoidable circumstances.

4. Considering the fact that the appeal is preferred against the judgment of acquittal relating to grave offence of murder of the daughter of the appellant and the appellant is said to be illiterate and poor man, we are inclined to condone the said delay in filing the appeal.

5. Resultantly, the petition is allowed condoning the delay of 386 days in filing of the appeal.

(CHEEKATI MANAVENDRANATH ROY, J)

(D. M. VYAS, J) Anuj