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CR.MA/7059/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7059 of 2008
In
CRIMINAL
APPEAL No. 1652 of 2008
=========================================================
VIKRAMSINH
@ BHANO DHIRUBHAI @ DHULABHAI GOHEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for Applicant(s)
: 1,MR US
BRAHMBHATT for
Applicant(s) : 1,
MR
IM PANDYA, APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 04/09/2008
ORAL
ORDER
Heard
learned advocate Mr.U.S.Brahmbhatt, who is appointed by the Legal Aid
Committee to represent the case of the appellant and learned APP
Mr.I.M.Pandya for the respondent State.
Rule.
Mr.I.M.Pandya, learned APP waives service of rule on behalf of the
respondent State.
This
application has been preferred by the appellant-convict prisoner
through jail. He has been convicted for the offence punishable under
Section 325 of IPC and sentenced him to undergo simple imprisonment
for five years and to pay a fine of Rs.500/-, in default, to further
undergo simple imprisonment for six months, by the learned Presiding
Officer, and Sessions Judge, Anand, vide his judgment and order dated
4.10.2007. Considering his request, to admit his appeal and to
provide legal assistance, Mr.U.S.Brahmbhatt, has been appointed to
represent his case. However, there is a delay of 182 days in
preferring the appeal which is required to be condoned. Considering
the facts and circumstances, the delay in filing the appeal is
condoned and the appeal is admitted.
Registry
is directed to place the main Appeal on the Board of Final Hearing
immediately after receiving the paper book from the trial Court.
This application stands disposed of accordingly. Rule is made
absolute.
(M.D.Shah,
J.)
Sreeram.
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