The petitioner has moved this application for condonation of delay in preferring appeal against the judgment and order of acquittal passed by the learned Judicial Magistrate (First Class) at Rajkot on 3rd June 1995 in Criminal Case No.2652 of 1991. Respondent No.1 has not chosen to appear though served. Learned Additional Public Prosecutor Shri Mehta for respondent No.2 - State has submitted that appropriate orders may be passed in this case. 2.The delay in preferring the appeal is only of 17 days. The delay is attributed to personal sickness of the petitioner herein. It is true that no medical certificate accompanies this application. However, it cannot be overlooked that an affidavit testifying to the contents of this application is filed by the petitioner. Besides, learned Advocate Shri Ray for the petitioner has shown to me one medical certificate of 4th September 1995 issued by one Dr.S.M.Kataria of Jamnagar advising complete bed rest for the petitioner herein for 18 days effective from 18th August 1995. It is kept on record of this application. This appeal has been instituted on 5th September 1995. I think the petitioner can be said to have made out a sufficient cause for condonation of his delay in preferring the appeal in question.
3.In the result, this application is accepted. The delay in preferring the appeal in question is condoned. Rule issued on this application is accordingly made absolute.
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