(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the State seeking condonation of delay of 37 days in filing an appeal against Judgment and Order dated 04.10.2010 passed by the Learned Additional Sessions Judge, Fast Track Court No.2, Gandhidham in Sessions Case No.3 of 2009.
2. Rule was issued on 03.10.2011 returnable on 20.10.2011.
3. Thereafter, the matter was adjourned from time to time.
4. On 19.06.2012, this Court passed an Order directing the Registry to issue fresh process of Rule on respondent no.2 and permitted the appellant - State of Gujarat to affect Direct Service.
5. Learned Advocate Mr. Kirtidev R. Dave appears for respondent no.1.
6. Learned APP Ms. Hansa Punani files an affidavit of Direct Service and one Mr. H. B. Dungaria, Head Constable, Buckle No.1638, Gandhidham 'A' Division Police Station mentioning therein that the Notice is served on 02.07.2012 upon respondent no.2. Though served, nobody appears for respondent no.2.
7. For the contents of the application and the submissions made by the learned APP, the same is allowed. Delay is condoned. Rule is made absolute.
8. The Registry is directed to place this Criminal Appeal No.341 of 2011 and Criminal Miscellaneous Application No.3017 of 2011 on 16.07.2012.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) Sunil W. Wagh Top