High Court of Gujarat
BHARATSINH JORUBHA GOHILversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The delay of 61 days is condoned as the applicant has shown sufficient cause.
Summary
Bharatsinh Jorubha Gohil filed a criminal miscellaneous application seeking condonation of a 61‑day delay in filing an application for restoration of his appeal. The applicant explained that his wife's cancer treatment prevented him from filing within the prescribed time. The Additional Public Prosecutor waived service of notice on behalf of the State of Gujarat. The court, after hearing counsel, found that the applicant had shown sufficient cause for the delay. Consequently, the court condoned the delay and made the rule absolute, allowing the application.
Issues considered
- Whether a delay of 61 days in filing an application for restoration can be condoned under the principles of sufficient cause.
Subjects
- condonation of delay
- criminal procedure
- restoration of appeal
- sufficient cause
- health emergency
Judgment
R/CR.MA/10241/2026 ORDER DATED: 16/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
DELAY) NO. 10241 of 2026
In
R/CRIMINAL MISC.APPLICATION/13633/2026
In
F/CRIMINAL MISC.APPLICATION/47115/2025
In
F/CRIMINAL MISC.APPLICATION/47116/2025
In
F/CRIMINAL APPEAL/47117/2025
==========================================
BHARATSINH JORUBHA GOHIL
Versus
STATE OF GUJARAT & ANR.
==========================================
Appearance:
ANURAG R RATHOR(9315) for the Applicant(s) No. 1
MS JYOTI BHATT APP for the Respondent(s) No. 1
==========================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 16/06/2026
ORAL ORDER
[1] RULE. Learned Additional Public Prosecutor waives service of
notice of rule on behalf of the respondent – State of Gujarat.
[2] This application has been preferred by the applicant with a
prayer to condone the delay of 61 days which has occurred in filing
the application for restoration.
[3] Heard learned counsel appearing for the respective parties.
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R/CR.MA/10241/2026 ORDER DATED: 16/06/2026
[4] Having considered the submissions made by learned counsel for
the respective parties and considered the averments made in the
application explaining the delay occurred in preferring the application
that the wife of the applicant was suffering from cancer and during
the course of treatment and surrounding circumstances, the applicant
is unable to prefer appeal within reasonable time, this Court is of the
view that sufficient cause has been shown by the applicant for
condonation of the delay.
[5] Accordingly, the application is allowed. The delay occurred in
filing the application for restoration is condoned. Rule is made
absolute accordingly.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/06/2026 17:22:53
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