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CR.MA/566/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 566 of 2010
In
CRIMINAL
APPEAL No. 37 of 2010
=========================================================
NAYAN
ALIAS YOGESH SEVANTIBHAI SONI - Applicant
Versus
STATE
OF GUJARAT - Opponent
=========================================================
Appearance
:
MR
DP KINARIWALA for
Applicant
MR LB DABHI APP for
Opponent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 27/01/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Learned A.P.P. Mr.L.B.Dabhi waives service of notice of Rule on
behalf of the opponent State.
2. This
is an application for condonation of delay of 44 days caused in
filing the Criminal Appeal.
3. Heard,
learned advocate Mr.Kinariwala for the applicant and learned APP Mr.
Dabhi for the State.
4. In
view of the averments made in the application, it cannot be said that
the delay has 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 caused in
filing Criminal Appeal No.37/2010 is condoned. Rule is made absolute.
(A.L.DAVE,
J.)
(HARSHA
DEVANI, J.)
(patel)
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