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CR.MA/419/2005 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 419 of 2005
In
CRIMINAL
APPEAL No. 523 of 2004
==============================================================
STATE
OF GUJARAT - Applicant(s)
Versus
RABARI
RANCHHODBHAI SINDHABHAI & 6 - Respondent(s)
==============================================================
Appearance
:
MR
LR PUJARI, APP for
Applicant(s) : 1,
RULE SERVED BY DS for Respondent(s) : 1 -
7.
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 28/02/2006
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE C.K.BUCH)
Heard
Mr.L.R.Pujari, the learned APP for the State of Gujarat. By means
of filing this application, the applicant State of Gujarat, has
prayed that the delay of 33 days caused in preferring the Criminal
Appeal against the judgement and order of acquittal, dated
10/12/2003, passed by the learned trial Judge, in Special (Atrocity)
Case No. 3 of 2001, be condoned on the grounds mentioned in
paragraph No.2 and 3 of the application.
The
impugned judgement and order of acquittal under challenge is of 10th
December 2003. The appeal ought to have been preferred in time.
But, for the reasons mentioned in paragraph Nos. 2 and 3 of the
application, the delay of 33 days is caused. We are satisfied with
the reasons placed before us in paragraph Nos.2 and 3 of the
application and the same are sufficient within the meaning of
Section 5 of the Indian Limitation Act. It is well settled that the
approach of the court, in such cases, should be liberal and
pragmatic. Therefore, without going into the other aspects of the
matter, we are inclined to allow this application, especially when
there is no formal written resistance by the other side.
The
application is allowed. Delay of 33 days caused in filing the
Criminal Appeal is hereby condoned. The Registry shall now place
the Criminal Appeal for admission hearing in regular course. Rule
is made absolute accordingly.
[C.K.BUCH,
J.]
[HARSHA
DEVANI, J.]
parmar*
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