(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 35 days caused in preferring the appeal against the judgment of acquittal dated 05.11.2012 passed by the learned Additional Sessions Judge, Anand in Sessions Case No.170 of 2006.
[2] Heard learned Additional Public Prosecutor appearing on behalf of the applicant State. Though served, nobody appears on behalf of the respondent.
[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