(PER : HONOURABLE MR.JUSTICE M.R. SHAH) RULE.
Shri L.B. Dabhi, learned APP waives service of notice of rule on behalf of the respondent-State.
The present application under Section 5 of the Limitation Act has been preferred by the applicant-original accused to condone the delay of 84 days in preferring the Criminal Appeal against the impugned judgment and order of conviction dated 08/11/2012 passed by the learned Additional Sessions Judge, Sabarkantha, Himatnagar Camp at Idar in Sessions Case No. 59/2009 convicting the applicant-original accused no.1 for the offence punishable under Section 302 read with Section 114 of the Indian Penal Code.
Having heard Ms Archana Amin, learned advocate appearing on behalf of the applicant and Shri L.B. Dabhi, learned advocate appearing on behalf of the respondent-State and considering the fact that against the very impugned judgment and order another appeal, being Criminal Appeal No. 2044/2012 filed by original accused no. 4-co-convict is admitted and pending for final disposal and, therefore, the impugned judgment and order is at large before this Court and even otherwise considering the averments made in the application and as sufficient cause is shown, the delay caused in preferring the appeal is hereby condoned and the present application is allowed. Rule is made absolute accordingly.
(M.R.SHAH, J.) (S.H.VORA, J.) Siji Page 2 of 2