State Of Gujarat vs Vipulbhai Keshubhai Parmar

Vipul M. Pancholi, J

This application is filed for condonation of delay of 307 days caused in filing aforesaid Criminal Appeal.

Heard learned APP Ms. Jirga Jhaveri for the applicant – State of Gujarat and learned advocate, Mr. Viral Vyas for learned advocate, Mr. Ashish Dagli for the respondents – accused.

Learned APP has referred to the averments made in this application and, thereafter, submitted that there is delay of 307 days caused in filing aforesaid criminal appeal, however, the applicant has shown sufficient caused for not filing appeal in limitation and, therefore, this application be allowed and the appeal be heard on its own merits.

On the other hand, learned advocate for the respondents has opposed this application and referred to the affidavit filed on behalf of the respondents. Learned advocate submitted that initially the State of Gujarat had taken decision not to prefer appeal against the judgment and order of acquittal passed by the concerned Court, however, as the application is submitted by the original first informant, the State of Gujarat has now preferred the aforesaid appeal and, therefore, this application may not be entertained.

We have considered the submissions canvassed by learned advocates for the parties. We have also perused the material placed on record. We are of the view that the State of Gujarat has shown sufficient cause for not filing appeal within a period of limitation.

Hence, this application stands allowed. Delay is condoned. Rule is made absolute.