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CR.MA/1193/2006 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1193 of 2006
In
CRIMINAL
APPEAL No. 1985 of 2005
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
HIRABHAI
DANABHAI SOLANKI - Respondent(s)
=========================================================
Appearance
:
MR
KC SHAH, Additional Public Prosecutor for
Applicant(s) : 1,
RULE
SERVED BY DS for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE K. A. PUJ
Date
: 12/12/2006
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE K. A.PUJ)
The
applicant ? State of Gujarat has filed this application under
Section-5 of the Limitation Act for condonation of delay of 21 days.
The applicant State has preferred Criminal Appeal No.1985 of 2005
against the order and judgment of the learned Additional Sessions
Judge, 8th Fast Track Court, Nadiad on 18.5.2005 in
Sessions Case No.143 of 2003, whereby the opponent ? original
accused was acquitted from the charge of offence punishable under
Sections-376 and 506(2) of IPC.
This
Court has issued rule on 2.11.2006 and the same was duly served on
the opponent.
Party
in person is personally present. He has strongly objected to the
condonation of delay.
We
have heard Mr.K.C.Shah, learned Additional Public Prosecutor
appearing for the applicant ? State and party in person. We have
perused the application and we are satisfied that the delay has been
properly explained by the applicant ? State of Gujarat. Reasons
for delay are given in paras-3 to 6 of the application.
Having
regard to the facts of the case and considering the liberal approach
shown by the Court while considering the delay condonation
application and liberal interpretation of Section-5 of the
Limitation Act, we hereby condone the delay of 21 days caused in
preferring the Criminal Appeal.
For
the reasons recorded hereinabove this application is allowed. Rule
is made absolute.
Office is directed to
notify Criminal Appeal No.1985 of 2005 for admission hearing on
10.1.2007.
(A. M. KAPADIA, J.)
(K. A. PUJ, J.)
kks
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