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CR.MA/8736/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8736 of 2010
WITH
CRIMINAL
APPEAL No. 1310 of 2010
WITH
CRIMINAL
MISC. APPLICATION NO. 8738 OF 2010
=========================================
NARSINHBHAI
ZAVARABHAI NAYAK - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
PRATIK B BAROT for Applicant(s) : 1,
MR. L.B.DABHI, APP for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 05/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
RULE.
Mr.
L.B.Dabhi, learned APP appears and waives service of notice of Rule
on behalf of the Respondent State of Gujarat.
Mr.
Pratik B. Barot, learned Advocate for the Applicant states that the
Applicant has already filed Criminal Misc. Application No. 15890 of
2008 seeking condonation of delay in preferring Criminal Appeal No.
3002 of 2008 challenging the conviction and sentence which is
impugned in Criminal Appeal No. 1310 of 2010 and in the said
application, vide order dated 23.3.2009, delay has been condoned and
Appeal has been ‘Admitted’. However, because of the ill-advice of
the Applicant / Appellant, through inadvertant mistake, this
Criminal Misc. Application seeking condonation of delay in filing
the above numbered Criminal Appeal with Criminal Misc. Application
No. 8738 of 2010 seeking suspension of sentence has been filed.
Mr.
Pratik B. Barot, learned Advocate for the Applicant therefore seeks
leave to withdraw all the above three proceedings.
Mr.
L.B.Dabhi, learned APP for the Respondent State of Gujarat has
no objection is leave as prayed for is granted.
Hence,
leave to withdraw the above numbered three proceedings is granted.
Resultantly,
all the above numbered three proceedings stands disposed of as
withdrawn. Rule is discharged.
(A.M.Kapadia,J)
(J.C.Upadhyaya,J)
Jayanti*
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