Gopi Badi @ Prem S/o Babulal Dhanbahadur Badi Nepali v. State of Gujarat
2017-07-03
A.J.SHASTRI, ABHILASHA KUMARI
body2017
DigiLaw.ai
ORDER : ABHILASHA KUMARI, J. 1. Leave to amend the cause-title of the application, so as to correct the date of arrest is granted. The necessary correction be made, forthwith. 2. Rule. Mr. Ronak Raval, learned Additional Public Prosecutor waives service of notice of Rule for the respondent-State of Gujarat. 3. This application has been preferred by the applicant (original accused No. 2) with a prayer to condone the delay of 187 days that has occurred in filing the Criminal Appeal against the judgment dated 31.08.2016, passed by the learned Sessions Court, Veraval, in Sessions Case No. 25/2012. 4. Heard Mr. Manraj A. Barot, learned advocate for the applicant and Mr. Ronak Raval, learned Additional Public Prosecutor for the respondent and perused the averments made in the application. 5. It is submitted by the learned advocate for the applicant that as per the information gathered by him, accused No. 1 has not preferred any Criminal Appeal and accused No. 3 has been acquitted. Insofar as the present applicant-accused No. 2 is concerned, he has been in Jail since 09.03.2012 There has been a delay in filing the Criminal Appeal as the applicant was not financially capable to arrange for the expenses and, therefore, preferred to go through legal aid. 6. Having perused the averments made in the application as well as reasons stated in paragraph-3 thereof, we find that sufficient cause has been shown for condoning the delay. 7. Hence, the following order is passed: The delay of 187 days that has occurred in filing the Criminal Appeal is hereby condoned. 8. The application is allowed. Rule is made absolute.