GULABBHAI NANABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 5 of the Limitation Act for condonation of delay of 726 days caused in preferring Criminal Appeal No. 1473 of 2022.

(2.) Heard Ms. Kiran Pandey, learned advocate for the applicant and learned APP, Mr. Hardik Soni for the respondent-State.

(3.) Learned advocate for the applicant has referred to the averments made in this application and, thereafter, submitted that the applicant has shown sufficient cause for not fling appeal within reasonable time and the applicant has not gained any benefit because of the delay in fling the appeal and he is in jail since 2015 and, therefore, this application be considered. Learned advocate has placed reliance upon the judgment of the Hon'ble Supreme Court in case of State of Odisha v. Surendra Munda, reported in (2020) 16 SCC 443.