RAJESHKUMAR RAMANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Learned APP waives service of notice of Rule for an on behalf of the respondent-State.

(2.) This is an application preferred under Section 5 of the Limitation Act for condonation of delay of 181 days in preferring the Criminal Appeal No.840 of 2021, as the appellant-original accused in Sessions Case No.6 of 2017 is convicted by the learned 2nd Additional Sessions Judge, Modasa, District Arvalli and has been found guilty of offences punishable under Sections 302, 394 and 201 of the Indian Penal Code by the judgment and order of conviction dated 30.11.2019.

(3.) We have heard the learned advocate, Mr.Niraj Soni, who has urged that originally the applicant was under the impression that the delay caused in filing Criminal Appeal is of 552 days; however, office intimated the learned advocate, who represents in the Legal Aid that the delay is only of 15 days noticing the application for certified copy and other chronological details. He has accordingly made a fresh application, where on 03.06.2021 indicating the 15 day's of delay.