High CourtsDivision Bench(2023) 10 GUJ CK 0056

Malaji Kankaji Katara vs State Of Gujarat

Gujarat High Court · Decided on 11 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. 18202 Of 2023 In F/Criminal Appeal No. 36535 Of 2023

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 140 words

A.S. Supehia, J

1.

Rule. Learned APP waives service of notice of rule for the respondent State.

2.

The present application has been filed for condoning the delay of 752 days in filling Criminal Appeal against the judgment and order dated 30.7.2019 passed by the learned 2nd Additional Sessions Judge, Modasa, District Aravallia in Sessions Case No.21 of 2016.

3.

Since the applicant-convict is incarcerated in jail and is assailing his conviction and considering the averments made in the application, in the interest of justice, the delay of 752 days in filling Criminal Appeal against the judgment and order dated 30.7.2019 passed by the learned 2nd Additional Sessions Judge, Modasa, District Aravallia in Sessions Case No.21 of 2016, deserves to be condoned and is hereby condoned.

4.

The present application is allowed. Rule is made absolute to the aforesaid extent.