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CR.MA/986/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 986 of 2010
In
CRIMINAL
APPEAL No. 196 of 2010
=======================================================
STATE
OF GUJARAT
ON
BEHALF OF R P CHRISTIAN,
FOOD
INSPECTOR - Applicant(s)
Versus
ISMILEBHAI
MASI (OWNER) - Respondent(s)
=======================================================
Appearance :
MR LR POOJARI APP
for Applicant(s) : 1,
MR MP PRAJAPATI for Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 09/07/2010
ORAL
ORDER
This
application has been filed by the State under Section 5 of the
Limitation Act for condoning the delay of 7 days caused in
preferring the aforesaid Criminal Appeal on the grounds mentioned in
the memo of application.
I
have heard learned A.P.P. for the applicant-State as well as learned
counsel for the respondents and also gone through the reasons
mentioned in the application regarding condonation of delay. Reasons
as to why appeal could not be filed in time are stated in Para
Nos.3, 4 and 5 of the applicant.
So
far as the question of condonation of delay is concerned, it has to
be decided having regard to the principles laid down by the Supreme
Court in the case of (i) State
of Bihar & others v. Kamleshwar Prasad Singh & another, AIR
2000 SC 2306 (paras 11 to 14 of the reported judgment), (ii) N.
Balakrishnan v. M. Krishnamurthy, Judgment Today, 1998 (6) SC 242,
(iii) State of Haryana v. Chandra Mani & others, AIR 1996 SC
1623 and other relevant decisions
on the point.
Applying
the principles laid down by the Supreme Court in the above referred
to judgments to the facts of the present case, I am satisfied that
sufficient cause is made out by the applicant for condonation of
delay. The record does not indicate that there was any inaction or
negligence on the part of the applicant in prosecuting the appeal.
The explanation for delay offered by the applicant is not only
plausible but acceptable and, therefore, the application deserves to
be granted.
For
the foregoing reasons, the application succeeds and accordingly it
is allowed. Delay of 7 days caused in filing the above numbed
criminal appeal is condoned. Rule is made absolute.
Office
to place Criminal Appeal No.986/2010 for admission hearing.
(RAJESH
H.SHUKLA, J.)
/patil
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