ABHILASHA KUMARI, J.

1. Rule. Mr. J.K Shah, learned Additional Public Prosecutor waives service of notice of Rule for the respondent-State of Gujarat.

2. This application has been preferred by the applicant (original accused) with a prayer to condone the delay of 658 days that has occurred in filing the Criminal Appeal against the judgment dated 25.02.2015, passed by the learned Additional Sessions Judge, Surendranagar, in Sessions Case No. 25/2013.

3. Heard Ms. Meenu Kumar, learned advocate for the applicant and perused the averments made in the application.

4. It is submitted that the applicant is in Jail since 20.02.2013 He had applied for legal aid before the High Court Legal Services Committee. The papers of the appeal were handed over to the learned advocate, through the Legal Services Committee only on 15.01.2017 The advocate engaged could not immediately file the appeal due to health problem of her own. However, the appeal was filed on 14.02.2017 There has been a delay of 658 days in filing the appeal which has not occurred due to negligence or carelessness. Hence, the same may be condoned.

5. As the applicant has shown sufficient cause for the condonation of delay in the shape of the reasons assigned in paragraph-3 of the application, we consider it appropriate to condone the delay.

6. Hence, the following order is passed:

The delay of 658 days that has occurred in filing the Criminal Appeal is hereby condoned.

7. The application is allowed. Rule is made absolute.