STATE OF GUJARAT Vs. JASHWANTSINH ROOPSINH BHATI

JUDGEMENT

(1.) THE endorsement on the Board indicates that notices of Rule issued to the respondents have not been received back, either served or unserved. There is a second endorsement indicating that notices of Rule issued to the respondents have been served. In view of the conflicting endorsements, this Court has checked the record available on the file and found that the respondents have been served. However, none appears on behalf of the respondents.

(2.) THIS application has been preferred by the applicantState of Gujarat under Section5 of the Limitation Act, 1963, with a prayer to condone the delay of 28 days that has occurred in filing the appeal against the judgment and order dated 16.08.2012 passed by the learned Additional Sessions Judge, Rajkot, in Special (Atrocity) Case No.23/2010.

(3.) HAVING heard learned counsel for the applicant and upon perusal of the averments made in the application, it transpires that the applicant has shown sufficient cause for condonation of delay in paragraphs4 and 5 thereof. The record does not reveal that there has been any carelessness or negligence on the part of the applicant in prosecuting the lis.