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CR.MA/80720/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 807 of 2008
In
CRIMINAL
APPEAL No. 153 of 2008
=========================================
IQBALHUSSAIN
MOHAMMEDHUSSAIN SHAIKH
Versus
STATE
OF GUJARAT
=========================================
Appearance :
MR
CHETAN B RAVAL for Applicant
MR M.R. MENGDEY
APP for Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 07/08/2008
ORAL
ORDER
: (Per : HONOURABLE MR.JUSTICE J.R.VORA)
Present
applicant, being accused of Sessions Case No. 52 of 2006 of the Court
of Additional Sessions Judge, Ahmedabad City (Fast Track Court No.3),
along with other accused came to be convicted for the offences
publishable under Sections 399, 402, etc of the Indian Penal Code
and was sentenced to undergo rigorous imprisonment of 10 years and
to pay fine of Rs. 3,000 and Rs. 2000. He was also sentenced to
undergo seven years rigorous imprisonment for the offence punishable
under Section 402 of the Indian Penal Code, vide judgment and order
dated 13th of October, 2007.
Being
aggrieved by the above said judgment and order, original accused
No.2, preferred Criminal Appeal No. 153 of 2008 before this Court,
but the same is delayed by a month and five days and, hence, this
Application for the condonation of delay.
RULE.
Waived by learned APP Mr. M.R. Mengdey. Though, the grounds
advanced for the condonation of delay by the applicant are too
general, but considering the substantial fact that, after
conviction, the accused – appellant was in jail, and that the
Appeals of other accused are Admitted by this Court, this is a fit
case wherein delay caused of one month and five days is required to
be condoned.
In
view of above, this Application is allowed. The delay caused of one
month and five days in preferring Criminal Appeal is condoned. Rule
made absolute.
(J.
R. VORA, J.)
(J.C.UPADHYAYA,
J.)
pnnair
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