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CR.MA/570220/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5702 of 2008
In
CRIMINAL
APPEAL No. 1473 of 2008
=========================================================
RAJUBHAI
KEVALBHAI TADAVI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,MS CHETNABEN JOSHI for
Applicant
MS ARCHANA RAWAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 06/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Ms.Archana Rawal, learned Additional Public Prosecutor, waives
service of notice of Rule on behalf of the respondent.
This
is an application preferred by the applicant-convict prisoner through
Jail for condonation of delay of 1362 days caused in preferring the
Criminal Appeal.
Heard
Ms.Archana Rawal, learned Additional Public Prosecutor for the
respondent-State.
In
view of the averments made in the application, it cannot be said that
the delay of 1362 days has remained totally unexplained. Therefore,
we are of the view that the delay caused in filing the Appeal
deserves to be condoned. Accordingly, the application is allowed.
Delay is condoned. Rule is made absolute. No costs.
(A.L.Dave,
J.)
(Smt.Abhilasha Kumari, J.)
(sunil)
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