Gujarat High Court
State Of Gujarat vs Shivaji Hemaji Thakor (Solanki) on 21 January, 2014
Author: Rajesh H.Shukla
Bench: Rajesh H.Shukla
R/CR.MA/13414/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
13414 of 2012
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STATE OF GUJARAT....Applicant(s)
Versus
SHIVAJI HEMAJI THAKOR (SOLANKI)....Respondent(s)
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Appearance:
MS. MONALI BHATT, APP for the Applicant(s) No. 1
MR TEJAS M BAROT, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 21/01/2014
ORAL ORDER
1. The present Criminal Miscellaneous Application has been filed by the Applicant State for condonation of delay of 376 days under Section 5 of the Limitation Act on the ground stated in the application inter alia the procedural delay in getting necessary approval.
2. Heard learned APP Ms. Monali Bhatt for the Applicant State and learned Advocate Shri Tejas Barot for the Respondent - Original Accused.
3. Learned APP Ms. Monali Bhatt has referred to the facts with regard to the time consumed in getting the necessary approval and it can be termed as sufficient cause. Page 1 of 2
R/CR.MA/13414/2012 ORDER
4. Learned Advocate Shri Tejas Barot however resisted the application and has also referred to the affidavit filed by him specifically contenting about the unexplained delay.
5. In view of this rival submissions and having regard to the circumstances regarding the delay stated, sufficient cause is made out.
6. The Hon'ble Apex Court has laid down the broad guidelines with regard to the approach in such matters of condonation of delay including the observations made in a judgment reported in AIR 2000 SC 2306 - State of Bihar & Ors. v. Kamleshwar Prasad Singh & Another. The Hon'ble Apex Court in a judgment reported in (2010) 5 SCC 459 - Oriental Aroma Chemical Industries Limited v. Gujarat Industrial Development Corporation and Anr., has referred to this aspect and observed;
"Term 'sufficient cause' is elastic enough to enable courts to apply the law in a manner which subserves ends of justice."
7. Therefore, the present Criminal Misc. Application deserves to be allowed. The delay is condoned. Rule is made absolute.
8. Criminal Misc. Application No. 13413 of 2012 is ordered to be placed on board for hearing on 11th February 2014.
(RAJESH H.SHUKLA, J.) JNW Page 2 of 2