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GITA GOPI
Mumtaz Hamid Shaikh – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. It has been brought to the notice of this court that though the present applicant had gone for filing the Criminal Appeal challenging the judgment and order dated 05.08.2023 of conviction with an application for condonation of delay and an application under section 389 of Cr.P.C. for suspension of sentence before the appellate Court, Surat for filing the same it was not accepted by the registry and even non- bailable warrant was ordered to be issued on 30.01.2024 by the trial Court.
2. Mr. Vaibhav N.Sheth, learned advocate for the applicant stated that the delay condonation application was not accepted by the Registry on the ground of applicant was not surrendering to the jail.
3. The prayer is made to convert the non- bailable warrant into bailable warrant issued against the applicant by order dated 30.01.2024.
4. Advocate Mr. Sheth submitted that there was order dated 05.08.2023 suspending the sentence of the applicant, which was passed by Special Judge, N.I. court. During this period, the appeal was to be preferred.
4.1 Advocate Mr. Sheth further submitted that the applicant would have all the right to agitate before the appellate Court for extension of suspension of sente
The court reinforced the importance of procedural fairness in the context of appeals and the execution of warrants under the Cr.P.C.
The court emphasized the importance of following procedural requirements in criminal cases, particularly regarding the execution of sentences and the rights of the accused to appeal.
The court emphasized that statutory rights of appeal warrant a liberal approach to condone delays, especially in criminal matters.
An accused has an indefeasible right to default bail under Section 167(2) Cr.P.C. if no chargesheet is filed within the statutory period, and rights must be equally upheld among co-accused.
The court emphasizes a liberal approach to condoning delay, highlighting that procedural errors should not obstruct substantial justice when sufficient cause is shown.
The judgment emphasizes the need for courts to exercise discretion judiciously when issuing warrants, considering the principles of personal liberty and societal interest.
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