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CR.MA/2779/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2779 of 2010
In
CRIMINAL
APPEAL No. 2186 of 2005
=========================================================
MANUJI
DUNGARJI BHEEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARSHAD K PATEL for
Applicant(s) : 1,
MR HH PARIKH, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 23/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Mr. Parikh, learned APP waives service of notice of Rule for the
respondent State.
The
applicant has preferred this application for condonation of delay of
2413 days in filing Criminal Appeal No.2186 of 2005.
The
applicant has tried to explain that he could not prefer the appeal as
he has to arrange for funds. Though, legal aid is available, he may
have desired to have advocate of his choice and ultimately, having
not been able to arrange for funds, he seems to have resorted to
legal aid. After all, no one is interested in causing delay in
preferring appeal when he is in jail.
In
this set of circumstances, though the appeal is filed after
inordinate period, we are inclined to entertain this application.
The application is allowed. Delay of 2413 days in filing Criminal
Appeal No.2186 of 2005 is hereby condoned. Rule is made absolute.
(A.L.
DAVE, J.)
(BANKIM.N.MEHTA,
J.)
shekhar/-
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