Gujarat High Court
Samirkhan vs State on 15 November, 2011
Gujarat High Court Case Information System
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CR.MA/414120/2008 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4141 of 2008
In
CRIMINAL APPEAL No. 1267 of 2008
=========================================================
SAMIRKHAN
HAMIDKHAN PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
VIREN G DAVE for Applicant(s) : 1,
MR
UR BHATT, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 04/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule,
Mr.Bhatt, learned APP waives service of notice of Rule on behalf of
respondent.
This
is an application for condonation of delay of 296 days caused in
preferring the Criminal Appeal.
Heard
learned advocate Mr.Dave for the applicant.
In
view of the averments made in the application, it cannot be said that
the delay of 296 days remained totally unexplained. Therefore, we are
of the view that the delay caused in filing the Appeal deserves to be
condoned. Accordingly, the application is allowed. Delay is condoned.
Rule is made absolute.
(A.L.DAVE,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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