ORDER

1. This is an application for condonation of delay under Section 5 of the Limitation Act in preferring Criminal Appeal.

2. Heard Mr. V.D. Parghi learned Counsel appearing for the applicant, Mr. Kaash Thakkar, learned Counsel appearing for the respondent No.2 and Ms. C.M. Shah, learned APP for the respondent No.1.

3. Mr. Kaash Thakkar, learned Counsel for the respondent No.2 has filed affidavit and opposed present application. He has raised contention in the affidavit that delay is required to be considered from the date of rejection of the application and the same is rejected in 2019 and therefore, the delay is required to be considered from 2019. He further submitted that two years exemption granted for condonation of delay cannot extend the period of limitation. Therefore present application is required to be dismissed.

4. Considering the facts and circumstances of the case, more particularly the observations made in paragraph Nos. 3 and 4 of the appl