Gujarat High Court
Dilip vs State on 24 February, 2011
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
Print
CR.MA/13490/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13490 of 2010
In
CRIMINAL
APPEAL No. 1834 of 2010
=====================================
DILIP
LABHSHANKAR RAVIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================
Appearance
:
MR SHAILESH V RAVAL for
Applicant(s) : 1,
MR JK SHAH, APP for Respondent(s) :
1,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P. P .BHATT
Date
: 24/02/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) 1.0 Present application is filed seeking condonation of delay of 1523 days, caused in filing an appeal against judgment and order dated 30th June 2006, passed by the learned Presiding Officer, 2nd Fast Track Court, Rajkot in Sessions Case No. 20 of 2006, wherein, present applicant is convicted for the offence punishable under Sections 363, read with Section 114 of the Indian Penal Code and is awarded five years' Rigorous Imprisonment and a Fine of Rs.2,000/-, in default, one month's Rigorous Imprisonment. Similarly, the applicant is also convicted for an offence punishable under Section 366, read with Section 114 of the Indian Penal Code and is awarded 07 years' Rigorous Imprisonment and a Fine of Rs.3,000/-, in default, two months' Rigorous Imprisonment. The applicant is also convicted for an offence punishable under Section 376 of the Indian Penal Code and is awarded 10 years' Rigorous Imprisonment and a Fine of Rs.5,000/-, in default, three months' Rigorous Imprisonment.
2.0 Learned advocate Mr. Raval for the applicant submitted that after the said conviction, the applicant had filed a Criminal Appeal being No. 1438 of 2007 with Criminal Misc. Application No. 15194 of 2007 praying for condonation of delay. The said application came to be disposed of by this Court (Coram: Honourable Mr. Justice AL Dave and Honourable Mr. Justice JC Upadhyaya) by order dated 16th September 2008, relevant part of which reads as under:
"Learned advocate Mr.Raval states that applicant has jumped parole/furlough and is not traceable. In this view of the matter, he does not press this application for condonation of delay. The application stands disposed of accordingly.
The appeal also would stand disposed of, in view of the fact that the delay condonation application has been withdrawn.
In view of disposal of the appeal, Criminal Misc. Application no.15196/2007 for suspension of sentence and bail would also stand disposed of.
Learned advocate Mr.Raval requests for reserving the liberty of the applicant, to approach this Court, at a later point of time. In our opinion, no such liberty can be reserved. If he prefers such an application, the same can be considered on merits."
(emphasis supplied) 2.1 The learned advocate for the applicant states that the applicant has now surrendered in jail in April 2010 and present application is filed on 10th October 2010.
3.0 Rule returnable on 8th March 2011.
4.0 Learned advocate Mr. Raval argued the matter in the morning and for certain submissions, he was asked to tender an Unconditional Apology. He tenders the Unconditional Apology. The same is accepted.
[ Ravi R. Tripathi, J. ] [ P. P. Bhatt, J. ] hiren Top