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Gujarat High Court · body

2017 DIGILAW 1398 (GUJ)

State of Gujarat v. Manubhai Limjibhai Parmar

2017-08-09

ANANT S.DAVE, R.P.DHOLARIA

body2017
ORDER : ANANT S. DAVE, J. ORDER IN CRIMINAL MISCAPPLICATION No. 10156 of 2017 Heard Mr. Rutvij Oza, learned APP appearing for the applicant-State. Rule is served upon the respondent. 2. This application is preferred under Section 5 of the Limitation Act, to condone the delay of 22 days in preferring appeal for which steps taken by the applicant in processing relevant files and taking decision as to whether appeal is to be preferred or not and ultimately, approval was granted by the Secretary (Department of Law) on 7.4.2017 forwarding all the papers pertaining to appeal and accordingly the delay. 3. Having gone through the reasons of delay, we find that the delay is sufficiently explained and accordingly delay of 22 days as prayed for is condoned in terms of paragraph Nos. 7 and 8 of this application. The present application is allowed. Rule is made absolute to the aforesaid extent. ORDER IN CRIMINAL MISC. APPLICATION No. 10154 of 2017 4. Heard Mr. Rutvij Oza, learned APP appearing for the applicant-State of Gujarat. 5. The applicant has filed this application for leave to appeal against the judgment and order of acquittal for the offences punishable under Sections 363, 366 of IPC, dated 16.12.2016 passed by the learned Special Judge, City Civil and Sessions Court, Court No. 14, Ahmedabad, in Special (POCSO) Case No. 5 of 2015. 6. Learned APP appearing for the applicant-State would contend that evidence galore on the record about heinous crime committed by the respondent-accused, therefore, the evidence appreciated by the learned Sessions Judge, needs reappraisal. 7. Considering the facts and circumstances of the case, this application is allowed in terms of para 6(b) of the application. Rule is made absolute to the aforesaid extent. ORDER IN CRIMINAL APPEAL 8. Admit. 9. Heard Mr. Rutvij Oza, learned APP for the applicant-State. 10. Notice of admission to the respondent-accused be served through the in-charge police officer of the area where the respondent-accused is residing. Registry is directed to call for R. and P. from the concerned trial Court so as to reach this Court forthwith. To be heard with Criminal Appeal No. 373 of 2017.