Gujarat High Court
Laljibhai @ Tino Ravjibhai Parmar vs State Of Gujarat on 20 January, 2022
Author: Sonia Gokani
Bench: Sonia Gokani
R/CR.MA/1308/2022 ORDER DATED: 20/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1308 of 2022
In R/CRIMINAL APPEAL NO. 112 of 2022
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LALJIBHAI @ TINO RAVJIBHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MR NIRAD D BUCH(4000) for the Applicant(s) No. 1
MS JIRGA JHAVERI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 20/01/2022
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. By way of the present application preferred under Section 5 of the Limitation Act, the applicant seeks condonation of delay of 534 days in preferring the appeal arising from the judgment and order dated 30.07.2018 passed by the learned Special Judge and 5th Additional Sessions Judge, Vadodara in Special (POCSO) Case No. 170 of 2016.
2. It is the say of the applicant that he approached the Gujarat High Court Legal Services Committee for preferring the appeal on 09.03.2021 and thereafter the application was forwarded to the High Court Legal Services Committee on 19.03.2021 by the Deputy Superintendent of Central Jail, Vadodara. Learned advocate was allocated the brief however, Page 1 of 2 Downloaded on : Mon Jan 24 20:27:58 IST 2022 R/CR.MA/1308/2022 ORDER DATED: 20/01/2022 due to COVID-19 virus, the delay has been caused. According to the applicant, he belongs from financially poor family. He has lost his eye-sight over a period of time and he is visually blind.
3. Rule. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent - State.
4. We have heard learned advocate Mr. Nirad Buch appearing for the applicant in HCLS Committee and learned APP Ms. Jirga Jhaveri for the respondent - State.
5. Considering the detailed reasons provided in the application and being satisfied with the sufficiency of cause explained, the Court is inclined to condone the delay of 534 days in preferring the criminal appeal. The same is hereby condoned.
6. Rule is made absolute. The application stands disposed of accordingly.
(SONIA GOKANI, J) (MAUNA M. BHATT,J) Bhoomi Page 2 of 2 Downloaded on : Mon Jan 24 20:27:58 IST 2022