IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No 1703 of 2003 in CRIMINAL APPEALNo 260 of 2003 For Approval and Signature: Hon'ble MR.JUSTICE D.K.TRIVEDI and Hon'ble MR.JUSTICE J.R.VORA ============================================================
1. Whether Reporters of Local Papers may be allowed : YES
to see the judgements?
2. To be referred to the Reporter or not? : NO
3. Whether Their Lordships wish to see the fair copy : NO
of the judgement?
4. Whether this case involves a substantial question : NO
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the concerned : NO
Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals?
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RAMABHAI SABHAIBHAI GOHIL
Versus
STATE OF GUJARAT
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Appearance:
1. Criminal Misc.Application No. 1703 of 2003
MR JM BUDDHBHATTI for Petitioner No. 1
THROUGH JAIL for Petitioner No. 1
Mr.L.R.Poojari, learned APP for Respondent No. 1
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CORAM : MR.JUSTICE D.K.TRIVEDI
and
MR.JUSTICE J.R.VORADate of decision: 03/05/2003
ORAL JUDGEMENT
(Per : MR.JUSTICE D.K.TRIVEDI)
Rule. Mr. L.R.Poojari, learned APP waives
service of rule on behalf of respondent. By consent,
rule is fixed forthwith.
As found from the Application forwarded through
jail authority, it is the case of the applicant that he
was convicted by the learned trial Judge for the offence
under Section 302 of the I.P.C. as per judgment and
order of conviction and sentence recorded on 31.12.2002
and he was intending to engage advocate privately,
however, he could not arrange for finance to pay the fees
for advocate due to the financial condition and
accordingly the delay has occurred, for which the
applicant has prayed for condonation of delay of 6 days.
In our view, sufficient cause is shown for delay. Hence
delay is condoned. Rule is made absolute.
(D.K.Trivedi,J)
(J.R.Vora,J)
arg