High CourtsDivision Bench(2023) 10 GUJ CK 0063

Ashokbhai Dipsing Nayak vs State Of Gujarat

Gujarat High Court · Decided on 19 October 2023

HON’BLE JUDGES
A.S. Supehia, J · Gita Gopi, J
RESULT
Allowed
CASE NUMBER
R/Criminal Misc.Application (For Condonation Of Delay) No. 15501 Of 2023

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 164 words

A.S. Supehia, J

1.

RULE. Learned Additional Public Prosecutor waives service of notice of Rule for the respondent-State.

2.

The present application has been filed for condoning the delay of 446 days in filing the Criminal Appeal against the judgment and order dated 13.12.2021 passed by the learned Special POCSO Judge and Additional Sessions Judge, Morbi, in Sessions POCSO Case No.63 of 2016.

3.

Considering the submissions advanced by the learned Advocate for the applicant and the averments made in the application and also as the applicant is in jail and has challenged his conviction, the delay of 446 days in filing the Criminal Appeal against the judgment and order dated 13.12.2021 passed by the learned Special POCSO Judge and Additional Sessions Judge, Morbi, in Sessions POCSO Case No.63 of 2016, deserves to be condoned.

4.

The present application is allowed. The delay of 446 days caused in filing of the Criminal Appeal is hereby condoned. Rule is made absolute to the aforesaid extent.