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CR.MA/5858/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5858 of 2008
In
CRIMINAL
APPEAL No. 1495 of 2008
=========================================================
SUBHASH
BHIKHA RAWOOT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PK SHUKLA for the
Applicant.
Mr.L.R.Pujari, Addl. PUBLIC PROSECUTOR for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 02/07/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
Rule.
Service of Rule is waived by learned Additional Public Prosecutor Mr.
L.R.Pujari.
2. The
present applicants being accused nos. 2 and 3 of Special NDPS case
no.13 of 2003 came to be convicted by learned Special Judge, Surat
vide judgment and order dated 31st May, 2007 for the offence
punishable under section 8(C) read with section 20(B)(II) of NDPS
Act and were sentenced to undergo rigorous imprisonment of 10 years
and to pay fine of Rs. 1 lac. Hence this appeal by appellants.
3. However,
delay has been caused of 224 days and therefore, this application for
condonation of delay.
4. Learned
Advocate Mr. P.K.Shukla and learned Additional Public Prosecutor Mr.
Pujari were heard in respect of this application. This application
and appeal both are filed from jail by the applicants and having
regard to the contentions raised and the grounds advanced in the
application, delay caused of 224 days in preferring Criminal Appeal
deserves to be condoned.
5. In
view of the above, this application is allowed. Delay caused in
preferring Criminal Appeal of 224 days is condoned. Rule made
absolute.
(J.R.Vora,J)
(D.N.Patel,J)
***darji
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