(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
Mr.Pandya, learned APP waives notice of Rule.
The present application is for condonation of delay of 918 days in preferring appeal against the judgment and order passed by the learned Sessions Judge in Sessions (NDPS) Case No.130/04, whereby the conviction is recorded and the sentence has been imposed.
Considering the facts and circumstances, it appears that the ground contended is of financial difficulties and further, the other co-accused have preferred appeal which are Criminal Appeal Nos.1062/10, 1063/10 and 42/10 and they are pending for final hearing. The applicant-convict is already in jail since 14.02.2004 and no undue benefit could be said to have been taken. If the aforesaid circumstances are considered read with the grounds stated in the application for condonation of delay, sufficient cause is made out. Hence, the delay deserves to be condoned and therefore, condoned.
Application allowed to the aforesaid extent. Rule made absolute accordingly.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) *bjoy Top