Gujarat High Court High Court

State vs Rabari on 6 September, 2011

Gujarat High Court
State vs Rabari on 6 September, 2011
Author: C.K.Buch, Ms.Justice Devani,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
		   Print
				          

  


	 
	 
	 
	 
	 
	


 


	 

CR.MA/419/2005	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 419 of 2005
 

In


 

CRIMINAL
APPEAL No. 523 of 2004
 

 
 
==============================================================

 

STATE
OF GUJARAT - Applicant(s)
 

Versus
 

RABARI
RANCHHODBHAI SINDHABHAI & 6 - Respondent(s)
 

==============================================================
 
Appearance
: 
 MR
LR PUJARI, APP  for
Applicant(s) : 1, 
RULE SERVED BY DS for Respondent(s) : 1 -
7. 
==================================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE C.K.BUCH
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MS.JUSTICE H.N.DEVANI
		
	

 

 
 


 

Date
: 28/02/2006 

 

 
 
ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE C.K.BUCH)

Heard
Mr.L.R.Pujari, the learned APP for the State of Gujarat. By means
of filing this application, the applicant State of Gujarat, has
prayed that the delay of 33 days caused in preferring the Criminal
Appeal against the judgement and order of acquittal, dated
10/12/2003, passed by the learned trial Judge, in Special (Atrocity)
Case No. 3 of 2001, be condoned on the grounds mentioned in
paragraph No.2 and 3 of the application.

The
impugned judgement and order of acquittal under challenge is of 10th
December 2003. The appeal ought to have been preferred in time.
But, for the reasons mentioned in paragraph Nos. 2 and 3 of the
application, the delay of 33 days is caused. We are satisfied with
the reasons placed before us in paragraph Nos.2 and 3 of the
application and the same are sufficient within the meaning of
Section 5 of the Indian Limitation Act. It is well settled that the
approach of the court, in such cases, should be liberal and
pragmatic. Therefore, without going into the other aspects of the
matter, we are inclined to allow this application, especially when
there is no formal written resistance by the other side.

The
application is allowed. Delay of 33 days caused in filing the
Criminal Appeal is hereby condoned. The Registry shall now place
the Criminal Appeal for admission hearing in regular course. Rule
is made absolute accordingly.

[C.K.BUCH,
J.]

[HARSHA
DEVANI, J.]

parmar*

   

Top