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CR.MA/9029/2006 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9029 of 2006
In
CRIMINAL
APPEAL No. 2263 of 2005
=====================================================
STATE
OF GUJARAT - Applicant(s)
Versus
BALASHANKAR
DEVSHANKAR KATHWADIA ? Respondent(s)
=====================================================
Appearance :
Mr.K.C.Shah,learned
APP for Applicant(s) : 1,
RULE SERVED for
Respondent(s) :
1,
=====================================================
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 Special Judge,Fast Track
Court No.5, Jamnagar on 18th January,2005 in Special Case
No.9 of 1997 whereby the present opponent, being accused of the
Special Case, came to be acquitted by the trial Court for the offence
punishable under Sections 7, 13(1)(d) to read with 13(2) of the
Prevention of Corruption Act, 1988.
2. In
preferring Appeal, delay has been caused of 28 days and hence, this
application by the State for condonation of delay.
3. Learned
APP Mr.K.C.Shah for the State was heard in respect of this
application while none appears for the opponent.
4. Having
heard the learned APP and having gone through the record, it clearly
appears that the delay of 28 days is caused on account of following
administrative procedure and in collecting necessary information and
materials. The grounds advanced by the State for condonation of delay
are reasonable and sufficient. This application is not opposed by the
opponent. The application deserves to be allowed.
5. In
view of above, this Application is allowed. Delay caused of 28 days
in preferring Criminal Appeal is condoned. Rule made absolute.
(J.R.Vora,
J.)
(Smt.Abhilasha
Kumari, J.)
arg
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