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CR.MA/8966/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8966 of 2008
In
CRIMINAL
APPEAL No. 1888 of 2008
=========================================================
PRAVINSINH
@ PALIYO AMBALAL SODHA PARAMR
Versus
STATE
OF GUJARAT
=========================================================
Appearance
:
MR
JM BUDDHBHATTI for Applicant
MR LB DABHI APP for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 02/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
The
present applicant being accused No.1 of Sessions Case No.6/2007 was
charged with the offence punishable under Section 302 came to be
convicted by the learned Additional Sessions Judge and 2nd
Fast Track Judge, Nadiad on 25.03.2008 for the offence punishable
under Section 304(1) of the Indian Penal Code and was sentenced to
undergo imprisonment of ten years and to pay fine. Other accused
vide same judgment and order came to be acquitted by the trial
Court.
The
present applicant has preferred Criminal Appeal No.1888/2008 against
the abovesaid judgment and order, but the same is delayed by 34 days
and hence, this application for condonation of delay by the
applicant.
RULE.
Learned APP Mr.L.B.Dabhi waives service of rule on behalf of the
respondent State.
Learned
advocate Mr.J.M.Buddhbhatti for the applicant and learned APP
Mr.L.B.Dabhi for the respondent State were heard in respect of
this application.
Having
regard to the grounds advanced and having regard to the fact that
the applicant has preferred Criminal Appeal against his conviction
and end of justice would meet if the applicant is given a chance to
contest the merits of the matter. Therefore, the delay of 34 days is
required to be condoned.
In
view of the above, this application is allowed. The delay caused of
34 days in preferring Criminal Appeal is condoned. Rule is made
absolute.
[J.
R. VORA,J.] [J. C. UPADHYAYA,J.]
vijay
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