Tejabhai Maknabhai Gamar vs State Of Gujarat
2025 Latest Caselaw 1238 Guj

Gujarat High Court

Tejabhai Maknabhai Gamar vs State Of Gujarat on 22 July, 2025

                                                                                                            NEUTRAL CITATION




                           R/CR.MA/7831/2025                                  ORDER DATED: 22/07/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY)
                                          NO. 7831 of 2025

                                      In F/CRIMINAL APPEAL NO. 12190 of 2025

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                                               TEJABHAI MAKNABHAI GAMAR
                                                         Versus
                                                STATE OF GUJARAT & ORS.
                      ==========================================================
                      Appearance:
                      MS DIPMALA S DESAI(6596) for the Applicant(s) No. 1
                      KUMAR H TRIVEDI(9364) for the Respondent(s) No. 2,3,4
                      MR BHARGAV PANDYA, ADDL. PUBLIC PROSECUTOR for the
                      Respondent(s) No. 1
                      ==========================================================

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

                                                        Date : 22/07/2025

                                                  ORAL ORDER

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. This petition under Section 5 of the Limitation Act is filed seeking condonation of delay of 45 days in filing the appeal.

2. Heard learned Counsel Ms. Dipmala S Desai for the petitioner, learned APP Mr. Bhargav Pandya for the respondent no.1/State and Learned Counsel Mr. Kumar Trivedi for the respondent nos.2 to 4.

3. The petitioner is the complainant and on the basis of a

NEUTRAL CITATION

R/CR.MA/7831/2025 ORDER DATED: 22/07/2025

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report lodged by him, the criminal proceedings are initiated and prosecution was launched against the respondent nos.2 to 4 herein in the Trial Court. Eventually, after trial, the Trial Court has acquitted respondent nos.2 to 4. Therefore, feeling aggrieved by the said judgment, the petitioner has preferred appeal questioning the validity of the impugned judgment of acquittal.

4. There is a delay of 45 days in preferring the said appeal. Explaining the delay of 45 days, it is stated that the petitioner is financially not sound and as such he has approached the Gujarat High Court Legal Services Committee for appointment of legal aid counsel for him to file this appeal and to prosecute the same and in the said process, the said delay of 45 days has taken place. The said explanation offered by the petitioner explaining the delay of 45 days is convincing and satisfactory.

5. Therefore, the petition is allowed condoning the delay of 45 days in filing the appeal.

(CHEEKATI MANAVENDRANATH ROY, J)

(D. M. VYAS, J) Anuj