(PER : HONOURABLE MR.JUSTICE M.R. SHAH) RULE.
Ms. C.M. Shah, learned advocate waives service of notice of rule on behalf of the respondent-State.
In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today.
The present application under Section 5 of the Limitation Act has been preferred by the applicant-original accused-convict to condone the delay of 156 days in preferring the Criminal Appeal against the impugned judgment and order of conviction and sentence imposed by the learned Additional Sessions Judge, Bharuch Camp at Ankleshwar dated 27/07/2012 in Sessions Case No. 2/2012 convicting the original accused for the offence punishable under Section 302 and 504 of the Indian Penal Code.
Having heard Shri Ejaz Qureshi, 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 in support of the prayer to condone the delay and so as to give one opportunity to the applicant to submit the case on merits rather than non-suiting him on the technical ground of delay, the present application is allowed and the delay caused in preferring the appeal is hereby condoned. Rule is made absolute.
(M.R.SHAH, J.) (S.H.VORA, J.) Siji Page 2 of 2