(PER : HONOURABLE MR.JUSTICE M.R. SHAH) RULE.
Shri L.B. Dabhi, learned APP 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 to condone the delay of 177 days in preferring the appeal against the impugned judgment and order of conviction dated 15/05/2012 passed by the learned 2nd Additional Sessions Judge, Dahod in Sessions Case No. 23/2011 convicting the accused for the offence punishable under Section 302 of the Indian Penal Code and sentence to undergo Life Imprisonment.
Having heard Shri Thakore, learned advocate appearing on behalf of the applicant and Shri L.B. Dabhi, learned APP appearing on behalf of the respondent-State and considering the averments made in the application and so as to give him one opportunity to submit the case on merits rather than non-suiting him on the technical ground of delay and considering the fact that as such by the delay in preferring the appeal the applicant was not going to be benefited, the present application is allowed and the delay caused in preferring the appeal is hereby condoned. Rule is made absolute accordingly.
(M.R.SHAH, J.) (S.H.VORA, J.) Siji Page 2 of 2