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CR.MA/9037/2006 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9037 of 2006
In
CRIMINAL
APPEAL No. 830 of 2006
=====================================================
STATE
OF GUJARAT - Applicant(s)
Versus
THAKOR
RAYSANGJI GANESHJI & 5 - Respondent(s)
=====================================================
Appearance :
Mr.K.C.Shah,learned
APP for Applicant(s) : 1,
Mr.Dholakia for MR
YOGESH S LAKHANI for Respondent(s) : 1 -
6.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 13/09/2007
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
1. Above
referred Criminal Appeal is preferred by the State against the
judgment and order delivered by the learned Additional Sessions
Judge, 3rd Fast Track Court, District -Patan, on January
10, 2006, in Sessions Case No.47 of 2004, whereby the present
opponents, being accused of the Sessions Case, came to be acquitted
by the trial Court for offences punishable under Sections 147, 148,
149, 302 of the Indian Penal Code as well as for the offence
punishable under Section 135 of the Bombay Police Act.
2. In
preferring Appeal, delay has been caused of 14 days and hence, this
application by the State for condonation of delay.
3. Learned
APP Mr.K.C.Shah for the State and learned advocate Mr.Dholakia for
senior counsel Mr.Yogesh Lakhani for the opponents were heard in
detail.
4. Having
heard to the rival contentions, though this application is opposed by
the opponents, perusing the grounds for condonation of delay, as
advanced by the State in paras 3,4, 5 and 6 of the application, it
clearly appears that the delay has been caused genuinely in
collecting necessary information and materials and following the
proper administrative procedure. The State has therefore shown
sufficient cause for condonation of delay of 14 days. Taking liberal
view, the application deserves to be allowed.
5. In
view of above, this Application is allowed. Delay caused of 14 days
in preferring Criminal Appeal is condoned. Rule made absolute.
(J.R.Vora,
J.)
(Smt.Abhilasha
Kumari, J.)
arg
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