Gujarat High Court
Ganeshbhai Virji Rabari vs State Of Gujarat on 2 August, 2011
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 9623 of 2001
in
CRIMINAL APPEALNo 918 of 2001
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GANESHBHAI VIRJI RABARI
Versus
STATE OF GUJARAT
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Appearance:
MR MD CHAUHAN for Petitioner No. 1
MR RAM CHAUHAN, APP for Respondent No. 1
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CORAM : MR.JUSTICE J.M.PANCHAL
and
MR.JUSTICE J.R.VORA
Date of Order: 11/01/2002
ORAL ORDER (Per : MR.JUSTICE J.M.PANCHAL)
Rule. Mr. R.M. Chauhan, learned APP is directed to waive service of notice of rule on behalf of the respondents. Having regard to the facts of the case, the Application is heard today. By submitting this Application u/s 5 of the Limitation Act, 1963, the applicant has prayed to condone the delay of 9 days caused in filing the Appeal, which is directed against the judgment dated October 03, 2001 rendered by the learned Addl. Sessions Judge, Vadodara, in Session Case No. 62/2001, by which the appellant is convicted of the offences punishable under Sections 302 of the IPC and sentenced i.e. RI for life and fine of Rs. 500, in default, RI for 6 months.
Heard learned counsel for the parties. Having gone through the averments made in the Application, we are satisfied that the delay caused in filing the Appeal is satisfactorily explained. The record does not indicate that there was any inaction or negligence on the part of the applicant in filing the Appeal. As the delay is satisfactorily explained, we are of the view that the application deserves to be granted.
For the foregoing reasons, the Application succeeds. The delay caused in filing the Appeal is condoned. Rule is made absolute accordingly.
(J.M. Panchal, J.) (J.R. Vora, J.) p.n.nair