This oral order addressed an application for condonation of a 65-day delay in filing a criminal appeal. The Court accepted the explanation regarding pandemic restrictions and allowed the application.
The delay of 65 days in filing the appeal is condoned and the application is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/17860/2022 ORDER DATED: 02/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17860 of 2022
In R/CRIMINAL APPEAL NO. 1918 of 2022
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SUREKHABEN W/O PARBATBHAI POPATBHAI MANVAR
Versus STATE OF GUJARAT
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Appearance:
MR DHRUV R THAKKAR(11280) for the Applicant(s) No. 1 MR UVESH M SHAIKH(11313) for the Applicant(s) No. 1 for the Respondent(s) No. 2 MR.HARDIK MEHTA APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI
Date : 02/12/2022
ORAL ORDER
[1] The present application has been filed for condonation of delay of 65 days caused in preferring the appeal.
[2] Mr.Dhruv Thakkar, learned advocate for the applicant submits that the appeal is proposed to be preferred against the order dated 31.03.2022 under Section 372 of the Criminal Procedure Code by the victim of the case, which has been filed under Sections 354A, 294(b) of the Indian Penal Code and
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R/CR.MA/17860/2022 ORDER DATED: 02/12/2022
Section 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He further submits that the applicant, being a lady victim desired to prefer an application against the judgment and order and during the pandemic in Covid period, there were some restrictions laid down by the Government, therefore, she could not prefer the appeal in time.
[3] Considering the averments made in the application and as the delay is sufficiently explained and in view of the facts and circumstances of the case, the delay of 65 days caused in filing the appeal is condoned. The application is allowed.
(GITA GOPI,J)
Manoj
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1 issue framed by the court
Whether the 65-day delay in preferring the appeal is condonable.
1 provisions across 1 enactments
SUREKHABEN W/O PARBATBHAI POPATBHAI MANVAR
STATE OF GUJARAT
GITA GOPI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
