Radheshyambhai Maganbhai Makwana vs State Of Gujarat
2025 Latest Caselaw 6218 Guj

Gujarat High Court

Radheshyambhai Maganbhai Makwana vs State Of Gujarat on 1 September, 2025

                                                                                                           NEUTRAL CITATION




                           R/CR.MA/13380/2025                                 ORDER DATED: 01/09/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY)
                                         NO. 13380 of 2025

                                      In F/CRIMINAL APPEAL NO. 24040 of 2025

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                                      RADHESHYAMBHAI MAGANBHAI MAKWANA
                                                     Versus
                                            STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR HITESH S PADHYA(3877) for the Applicant(s) No. 1
                      NOTICE SERVED for the Respondent(s) No. 2
                      PUBLIC PROSECUTOR for the Respondent(s) No. 1
                      ==========================================================

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

                                                       Date : 01/09/2025

                                                  ORAL ORDER

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

This petition under Section 5 of the Limitation Act is filed seeking condonation of delay of 43 days in preferring the appeal against the judgment of acquittal.

Heard learned Counsel for the petitioner, learned APP Mr. Tirthraj Pandya for the respondent no.1/State and learned Counsel Mr. Suresh Chaudhary, appearing on behalf of Mr. Sanjay Prajapati, learned Counsel, who offered to file vakalatnama for respondent no.2 stating that he got instructions to appear on his behalf. It is submitted that he will file vakalatnama today in the registry. Registry is

NEUTRAL CITATION

R/CR.MA/13380/2025 ORDER DATED: 01/09/2025

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directed to permit him to file vakalatnama and receive the same today.

It is an appeal preferred against the judgment of acquittal relating to the offence punishable under Section 307 of IPC by the victim. There is a delay of 43 days in preferring the appeal. It is explained stating that as the petitioner is poor person, that in making arrangements for securing money to prefer appeal, the said delay took place and it is not deliberate. The said explanation offered by the petitioner is not seriously opposed by the respondent no.2, who only took a formal objection relating to the same. Therefore, we deem it appropriate to condone the delay in preferring the appeal.

Resultantly, the petition is allowed condoning the delay of 43 days in filing the appeal.

(CHEEKATI MANAVENDRANATH ROY, J)

(D. M. VYAS, J) Anuj