BABALBHAI VARJIBHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.K.P.Raval, learned APP waives service of notice of Rule on behalf of respondent State. By consent of the parties, the matter is taken up for final hearing.

(2.) BY way of the present revision application under Section 397 read with Section 401 of the Code of the Criminal Procedure, the original accused ­ applicants ­ proposed appellant have challenged the judgement and order dated 25.3.2013 passed by the learned 4 th Additional Sessions Judge, Dahod in Criminal Misc. Application No. 165 of 2013, by which, the application filed by the present applicants under Section 5 of the Limitation Act requesting the learned Appellate Court to condone the delay of eight months in preferring the appeal is dismissed.

(3.) MR .M.A.Kharadi, learned advocate for the applicants submitted that the applicant No. 1 is the Sarpanch of a small village and since he was not sentenced, he did not prefer any appeal immediately after the pronouncement of the judgement and order passed by the learned Trial Court, however, he was advised to challenge the same and to condone the delay of eight months in preferring the appeal. However, he was ready and willing to pay some costs for inaction in filing the appeal at the belated stage.