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CR.MA/11195/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11195 of 2008
In
CRIMINAL
APPEAL No. 2253 of 2008
=========================================================
MANSUKHBHAI
P KAVA - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance :
MR
VIVEK N MAPARA for the Applicant.
MR
AJ DESAI, APP for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 28/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE R.P.DHOLAKIA)
1. Rule.
Learned Additional Public Prosecutor Mr.Desai waives service of
notice of Rule on behalf of the respondent.
2.
This application has been preferred for condonation of delay of 122
days in preferring Criminal Appeal against the judgement and order
dated 27th February,2008 passed in Sessions Case No.108 of
2006.
3. Heard
learned counsel for the applicant and learned Additional Public
Prosecutor Mr.Desai for the respondent.
4.
Looking to the facts and circumstances of the case and the reasons
stated in the memo of the application for condonation of delay,
especially in paras-3, 4 and 5, in our opinion, there are sufficient
and reasonable grounds for condonation of delay. This delay in
preferring Criminal Appeal is therefore, condoned. This application
is allowed. Rule made absolute.
(R.P.DHOLAKIA,J)
(D.N.PATEL,J)
*dipti
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