SAIYED AMIRBHAI GULABBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant-original accused No.1 has filed this appeal in the year 2007 through learned advocate, Ms.Sadhana Sagar, being aggrieved and dissatisfied with the judgment and order delivered by the learned Addl. Sessions Judge, Fast Track Court, Mehsana, on 17-8-2002 in Sessions Case No.261 of 2000 whereby the appellant has been convicted and sentenced to undergo RI for life and to pay fine of Rs.1000/-, in default of payment of fine, to suffer further three months SI for the offence punishable under Sec.302 of IPC.

(2.) As there was a delay of about five years in preferring the appeal, Cri.Misc.Appln.No.1758 of 2007 has been preferred praying for condonation of delay. Therefore, while issuing rule, we have also called for the record and proceedings. On receipt of the same, we have permitted the learned counsel for the appellant, Ms.Sadhana Sagar, to go through the same and have also heard her on the application for condonation of delay, admission of appeal as well as on the applicatin for bail. We have also heard learned APP, Mr.K.P.Raval for the State.

(3.) Rule in Cri.Misc.Appln.No.1760 of 2007 filed for releasing the appellant on bail. Mr.K.P.Raval, learned APP for the State, waives service of notice of rule.