Dinesh @ Dinno @ Bachhu @ Dor Futio S/o Danabhai Ramabhai Marwari v. State of Gujarat
2017-07-03
A.J.SHASTRI, ABHILASHA KUMARI
body2017
DigiLaw.ai
ORDER : ABHILASHA KUMARI, J. 1. Rule. Mr. Ronak Raval, learned Additional Public Prosecutor waives service of notice of Rule for the respondent-State of Gujarat. 2. This application has been preferred by the applicant (original accused) with a prayer to condone the delay of 205 days that has occurred in filing the Criminal Appeal against the judgment dated 23.05.2016, passed by the learned Additional Sessions Judge, Ahmedabad, in Sessions Case No. 94/2014. 3. Heard Ms. Meenu Kumar, learned advocate for the applicant and perused the averments made in the application. 4. The reason for the delay is stated in paragraph-3 of the application which is that, after the judgment of conviction was passed, the applicant has been in Jail since 16.09.2013 He applied for legal aid before the High Court Legal Services Committee and the papers of the appeal were handed over to the learned advocate only on 19.12.2016 Thereafter, the learned advocate had faced health problem of her own’, therefore, the delay of 205 days has occurred which, it is stated may be condoned. 5. Having heard the learned advocate for the applicant and the learned Additional Public Prosecutor, we find that sufficient cause has been shown for the condonation of delay. 6. Hence, the following order is passed: The delay of 205 days that has occurred in filing the Criminal Appeal is hereby condoned. 7. The application is allowed. Rule is made absolute.