ABDULKARIM HAJI ILIYAS KHATRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Though served, none appears on behalf of respondent No.2. RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent State. With the consent of learned advocates on both the sides, the matter is heard today finally.

(2.) The facts in brief are as under;

(3.) It is submitted on behalf of the petitioner that the petitioner was residing in a village situated around 75 kms away from Mandvi, Kachchh. On receipt of the certified copy of the order dated 14.08.2017 passed by the Magisterial Court at Mandvi, the petitioner contacted his Advocate for further legal recourse. However, on account of some communication gap between the petitioner and his Advocate, delay of 130 days had occasioned in filing appeal before the Sessions Court concerned. It was submitted that the petitioner had given detailed explanation in the application filed before the Sessions Court seeking condonation of delay in filing the appeal. However, the Sessions Court rejected the application ignoring the fact that the delay in question had occasioned on account of some miscommunication between the petitioner and his Advocate.