(PER : HONOURABLE MR.JUSTICE R.P.DHOLARIA) [1] Present application, under section 5 of the Limitation Act, has been filed by the applicant to condone the delay of 115 days caused in preferring the appeal against the judgment and order dated 05.10.2012 passed by the learned 5th (Ad-hoc) Additional Sessions Judge, Banaskantha at Deesa in Sessions Case No.126 of 2009.
[2] We have heard learned Additional Public Prosecutor appearing on behalf of the State. Though served, nobody appears on behalf of the respondent.
[3] We have gone through the explanation rendered by the applicant more particularly in paras 3 and 4 of the application for explaining the delay. We are satisfied with the explanation rendered for each day of delay. 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