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2024 Supreme(Online)(GUJ) 258

HIGH COURT OF GUJARAT
GG
MANOJ RAMESHBHAI KAPADIA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR MATAFER R PANDE(3952) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER

1. Heard the learned advocates appearing for the respective parties.

2. By way of this application, the applicant has prayed for condonation of delay of 549 days occurred in preferring the application.

3. Learned advocate for the applicant submits that there are about four cases against the applicant for which applicant is suffering imprisonment for 15 months each. He also submitted that since the applicant was in jail and there is no other responsible earning person, he could not make arrangement for funds and could not take timely legal assistance and, therefore, relying on the family members he could not move to this Court by way of filing Revision Application in time which has led to cause delay of 549 days.

4. Learned APP for the respondent – State submits that the delay in filing the application is not sufficiently explained and therefore, the present application may be rejected.

5. In the case of Collector, Land Acquisition, Anantnag and Another v. Mst. Katiji and Others reported in AIR 1987 SC 1353, it has been observed as under:-

    “3. The legislature has conferred the power to condone delay by enacting Section 5 of the Indian Limitation Act of 1963 in order to enable the Co

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