STATE OF GUJARAT Vs. NAJMUDDIN ABBASBHAI VHORA

JUDGEMENT

(1.) HEARD learned APP Ms. C.M. Shah for the applicant State. The applicant has taken out this application for seeking condonation of delay in preferring leave to appeal application. The delay is 28 days. This Court on 19/3/2010 issued rule which was made returnable on 19/4/2010, i.e. today. Record indicate that the respondent is duly served, however he has chosen not to appear as no one has filed appearance on his behalf. Looking to the reasons given for the delay, this Court is of the view that the same is required to be condoned. It can well be said that the applicant has persuaded its cause and it has never abandoned the cause. The delay otherwise is also not occurred on account of any mala fide or to harm the cause. Therefore the delay is condoned. Application is disposed of. Rule made absolute.