(PER : HONOURABLE MR.JUSTICE M.R. SHAH) RULE.
Ms. C.M. Shah, 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 complainant to condone the delay of 101 days in preferring the appeal against the impugned judgment and order passed by the learned 3rd Additional Sessions Judge, Banaskantha at Palanpur dated 12/10/2012 in Criminal Miscellaneous Application No. 21/2012.
Having heard Shri Bhrahmbhatt, learned advocate appearing on behalf of the applicant and Ms. C.M. Shah, learned APP appearing on behalf of the respondent-State and considering the averments made in the application, it does not appear that there was a deliberate delay on the part of the applicant and/or by the delay the applicant is going to be benefited and, therefore, the present application is allowed and the delay caused in preferring the appeal is hereby condoned. Rule is made absolute accordingly.
(M.R.SHAH, J.) (S.H.VORA, J.) Siji Page 2 of 2