Rule.
Learned Additional Public Prosecutor Mr.L.R. Pujari waives service of notice of Rule on behalf of respondent-State.
In the facts and circumstances of the case and as per the request and consent of learned advocates for the parties, the learned Additional Public Prosecutor is taken up for final disposal today.
The applicant prays for condonation of delay of seven days by filing the present application. The delay has occasioned in preferring the Criminal Appeal against the judgment and order dated 15th December, 2012 by the learned Special Judge, Bharuch camp at Ankleshwar in Special (Atrocity) Case No.10 of 2011.
Explaining the delay in question it is averred in the application that certified copy was applied soon, however, since the applicant was in jail and could not get immediate legal advise, delay of seven days has occurred. It cannot be said that delay of seven days has not been properly explained in the facts and circumstances of the case. Sufficient cause for condonation of delay having been made out, the same deserves to be condoned.
Accordingly the application is allowed. Delay of seven days is condoned. Rule is made absolute.
At the request of learned advocate for the applicant, Registry may post the main Appeal for admission hearing on 28th February, 2013.
(N.V.ANJARIA, J.) Anup Page 2 of 2