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CR.MA/8926/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8926 of 2010
In
CRIMINAL
APPEAL No. 1137 of 2010
======================================
HIRABHAI
RAJABHAI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR PP MAJMUDAR for Applicant(s)
: 1 - 2.
MR LR POOJARI APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 27/08/2010
ORAL ORDER
Rule.
Mr.L.R.Poojari, learned Additional Public Prosecutor waives service
of notice of Rule on behalf of respondent State.
The
present application has been filed by the applicants original
accused for condonation of delay on 25 days in filing appeal on the
grounds set out in the application inter alia that the time is
consumed in getting legal advice and making arrangements for the
funds.
Having
heard learned counsel Mr.P.P.Majmudar for the applicants and
Mr.Poojari, learned APP and having regard to settled
principles/guidelines with regard to condonation of delay as laid
down by the Hon’ble Apex Court in judgments reported in (i)
State of Bihar & others
v. Kamleshwar Prasad Singh & another, AIR 2000 SC 2306 (paras 11
to 14 of the reported judgment), (ii) P.K. Ramachandran v. State of
Kerala and another (1997) 7 SCC 566 and (iii) Collector, Land
Acquisition, Anantnag v. Mst. Katiji, AIR 1987 SC 1353,
the Court is of the opinion that the present application deserves to
be allowed as the delay in filing appeal is sufficiently explained.
For
the foregoing reasons, the application succeeds and accordingly it
is allowed. Delay of 25 days caused in filing the above numbed
criminal appeal is condoned. Rule is made absolute.
Office
to place Criminal Appeal No.1137/2010 for admission hearing.
(RAJESH
H.SHUKLA, J.)
Amit/-
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