(PER : HONOURABLE MR.JUSTICE R.P.DHOLARIA) [1] Present application, under section 5 of the Limitation Act, has been filed by the applicant State to condone the delay of 15 days caused in preferring the appeal against the judgment of acquittal dated 13.09.2012 passed by the learned Additional Sessions Judge, Surat in Sessions Case No.217 of 2007.
[2] Heard learned Additional Public Prosecutor appearing on behalf of the applicant State. Though served, nobody appears on behalf of the respondents.
[3] We have gone through the explanation rendered by the State in para 4 of the application for explaining the delay wherein the delay of each day is explained. We are satisfied with the explanation rendered by the State. Consequently, we are of a view to condone the delay. The application is allowed. The delay is condoned. Rule is made absolute.
(AKIL KURESHI, J.) (R.P.DHOLARIA,J.) vijay Page 2 of 2