Rule.
Learned Additional Public Prosecutor Mr.L.R. Pujari waives service of notice of Rule on behalf of respondent-State.
By way of present application, the applicant prays for condonation of delay of 40 days, which has occasioned in preferring Criminal Appeal against the judgment and order dated 30th June, 2012 of learned Sessions Judge, Gandhinagar in Sessions Case No.102 of 2011.
Heard learned advocate Mr.Thakore for the applicant and learned Additional Public Prosecutor Mr.Pujari.
Learned advocate for the applicant submitted with reference to the averments made in the application and in particular those mentioned for delay, that the applicant is a poor and illiterate person and has rural background. The delay was because he could not immediately arrange for finance for legal expenses and could not contact the advocate immediately.
From the uncontroverted averments made in the application, it cannot be said that the passage of time is not explained, which has led 40 days delay. Sufficient cause for condonation of delay has been made.
Accordingly, delay of 40 days is condoned in preferring the criminal appeal. Rule is made absolute.
At the request of learned advocate for the applicant-appellant, main Criminal Appeal be listed for admission on 21st February, 2013.
(N.V.ANJARIA, J.) Anup Page 2 of 2