State of Gujarat and Another vs Nikhil Vijaybhai Ardeshana

M.R. Shah, J.—RULE. Mr. Amar D. Mithani, learned advocate waives the service of notice of notice of rule on behalf of the Respondent.

With the consent of the learned advocates appearing on behalf of the respective parties and in the facts and circumstances of the case, present application is taken up for final hearing.

Present application, u/s 5 of the Limitation Act, has been preferred the applicant - State of Gujarat and another, to condone the delay of 29 days caused in preferring the Criminal Revision Application challenging the judgment and order dtd.29/6/2010 passed by the Additional Sessions Judge, Junagadh in Criminal Appeal No. 6 of 2010.

Having heard the learned advocates appearing on behalf of the respective parties and considering the averments made in the application in support of the prayer to condone the delay and so as to see that the applicants are given an additional opportunity of being heard to submit the case on merits rather than non-suiting them on the technical ground of delay, present application is allowed and the delay caused in preferring the Criminal Revision Application is hereby condoned. Rule is made absolute accordingly.