Gujarat High Court
State Of Gujarat vs Vishalbhai Danabhai Mer on 13 March, 2024
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
R/CR.MA/1898/2024 ORDER DATED: 13/03/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
DELAY) NO. 1898 of 2024
In F/CRIMINAL MISC.APPLICATION NO. 2606 of 2024
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STATE OF GUJARAT
Versus
VISHALBHAI DANABHAI MER
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Appearance:
MR DHAWAN JAYSWAL, APP for the Applicant(s) No. 1
MR PARTH S TOLIA(5617) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 13/03/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Rule.
2. The present application has been filed for condoning the delay of 12 days in filling Criminal Appeal against the judgment and order dated 30.09.2023 passed by the Additional Sessions Judge, Gir Somnath in Sessions Case No.9 of 2021, whereby the learned judged has acquitted the opponent - original accused for the offence under Sections 376(2)(F)(J), 376(3) of the Indian Penal Code (the IPC) as well as Sections 4, 6 and 18 of the POCSO Act, 2012 (the POCSO Act).
3. Learned Additional Public Prosecutor has submitted that the judgment and order passed by the Trial Court on Page 1 of 2 Downloaded on : Thu Mar 14 21:41:44 IST 2024 NEUTRAL CITATION R/CR.MA/1898/2024 ORDER DATED: 13/03/2024 undefined 30.09.2023 and a certified copy of the same was applied on 03.10.2023, which was ready for delivery on 03.10.2023 and actually obtained on 14.10.2023. Thus, after considering the period of limitation, last date of preferring an appeal was 30.12.2023 and the appeal came to be filed on 18.01.2024. Thus, there is a delay of 12 days in preferring aforesaid criminal appeal. It is urged by the learned APP that the same may be condoned.
4. Considering the submissions advanced by the learned APP for the applicant and the avernments made in the application, the delay of 12 days in filling Criminal Appeal deserves to be condoned.
5. The present application is allowed. The delay of 12 days caused in filling Criminal Appeal is hereby condoned. Rule is made absolute to the aforesaid extent.
(A. S. SUPEHIA, J) (VIMAL K. VYAS, J) MAHESH/48 Page 2 of 2 Downloaded on : Thu Mar 14 21:41:44 IST 2024