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SCR.A/2383/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2383 of 2009
=========================================
ALI
@ RAFIQUE FAKIRBHAI MAMMAD - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
THROUGH
JAIL for
Applicant(s) : 1,
MS CM SHAH, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
RULE SERVED for Respondent(s) : 2 -
3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 06/07/2011
ORAL
ORDER
1. Applicant
– convict prisoner has preferred this petition through Jail against
the order passed by the Sessions Court, Bhuj in Criminal Misc.
Application No.227 of 2009 by which learned Sessions Judge has
dismissed delay condone application. It is observed by the Sessions
Court that present applicant convict prisoner has pleaded guilty
before learned Judicial Magistrate First Class, Mundra and on the
basis of pleading guilty, the Lower Court has passed order for
sentence and so no appeal lies under section 375 of the Code of
Criminal Procedure and therefore, dismissed delay condone
application.
2. No
illegality has been committed by the learned Sessions Court while
dismissing the delay condone application. No case is made out for
interference with the findings of the learned Sessions Court.
3. Remedy
is available to the applicant convict prisoner to file appropriate
application under the provisions of Criminal Procedure Code. Jail
Authority is directed to provide legal assistance to applicant
convict prisoner.
4. With
above observations, present petition is dismissed. Rule discharged.
[M.D.Shah,
J.]
satish
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