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CR.MA/4877/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4877 of 2008
In
CRIMINAL
APPEAL No. 1364 of 2008
=========================================================
HAYAT
DAWOOD DAFER & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SHAKEEL A QURESHI for
Applicant(s) : 1 - 2.
MR M.R. MENGDEY APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 17/06/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE M.R. SHAH)
Objections,
if any, be removed during the course of the day.
RULE.
Mr.M.R. Mengdey, learned Addl.Public Prosecutor waives the service
of notice of rule on behalf of the State.
By
way of this application, the applicants ? original accused have
prayed for an appropriate order to condone the delay of 93 days in
preferring the Criminal Appeal challenging the judgement and order
of conviction passed by the trial court convicting the applicants ?
original accused Nos.2 and 3 for the offences punishable under
secs.325, 333, 186 r/w sec.114 of Indian Penal Code.
We
have heard Mr.Shakeel Qureshi, learned advocate appearing on behalf
of the applicants and Mr.M.R. Mengdey, learned APP for the State.
We
have considered the averments in the application in support of the
prayer to condone the delay and so as to give one opportunity to the
applicants ? original accused Nos.2 and 3 to submit the case on
merits rather than non-suiting the applicants on the technical
ground of delay, we condone the delay of 93 days in preferring the
Criminal Appeal. Rule is made absolute accordingly.
[J.R.
VORA, J.]
[M.R.
SHAH, J.]
rafik
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