Mura Madeva Harijan vs State Of Gujarat
2025 Latest Caselaw 6941 Guj

Gujarat High Court

Mura Madeva Harijan vs State Of Gujarat on 25 September, 2025

                                                                                                            NEUTRAL CITATION




                             R/CR.MA/4071/2025                                 ORDER DATED: 25/09/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                                 4071 of 2025
                                                      In
                                      F/CRIMINAL APPEAL NO. 7159 of 2025

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                                                      MURA MADEVA HARIJAN
                                                              Versus
                                                     STATE OF GUJARAT & ORS.
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                       Appearance:
                       MR YASH V GUPTA(11814) for the Applicant(s) No. 1
                       VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
                       MR KIRTIDEV R DAVE(3267) for the Respondent(s) No. 3,4,5,6,7
                       MS KRINA CALLA, APP for the Respondent(s) No. 1
                       RULE SERVED for the Respondent(s) No. 2
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                          CORAM:HONOURABLE MR. JUSTICE CHEEKATI
                                MANAVENDRANATH ROY
                                and
                                HONOURABLE MR.JUSTICE D. M. VYAS
                                           Date : 25/09/2025
                                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. This application under Section 5 of the Limitation Act is filed seeking condonation of delay of 93 days in filing the appeal against the judgment of acquittal.

2. Heard learned counsel for the petitioner, learned APP, Ms.Krina Calla for the first respondent-State and Mr.Kirtidev R. Dave, learned counsel for respondent nos.3 to 7. Despite service of notice on respondent no.2, none appears.

3. The petitioner is the de-facto complainant in Sessions Case No.6 of 2020 on the file of the Third Additional Sessions Judge, Bhachau, Kutch. On the report lodged by him, criminal prosecution was launched against the accused in the said

NEUTRAL CITATION

R/CR.MA/4071/2025 ORDER DATED: 25/09/2025

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case, who are respondent nos.2 to 7 in the present application. After trial, the accused were acquitted. Aggrieved by the said judgment of acquittal, the petitioner has filed an appeal challenging the said judgment of acquittal. There is a delay of 93 days in filing the appeal. It is stated that there are cross cases registered and the petitioner is the accused in the cross case and he was convicted in the said case and he was taken into the custody. Thereafter, he has preferred appeal and got execution of the sentence suspended and, after his release, he has filed this appeal and, in the said process, there is a delay of 93 days in filing the appeal. Thus, he has satisfactorily explained the delay in filing the appeal.

4. Considering the facts and circumstances of the case, we are of the considered view that the delay is to be condoned to enable the petitioner to pursue his appeal against the judgment of acquittal. Further, there is no serious objection taken by the respondents, opposing the application and the explanation offered by the petitioner is not denied and controverted by the respondents.

5. Therefore, the application is allowed condoning the delay of 93 days in filing the appeal. Rule is made absolute.

(CHEEKATI MANAVENDRANATH ROY, J)

(D. M. VYAS, J) R.S. MALEK