ASHABEN CHIRAGBHAI PATELversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The court condoned the 43‑day delay and permitted the conversion of the revision application into a criminal appeal.
Summary
The applicant filed an application under Section 5 of the Limitation Act seeking condonation of a 43‑day delay in filing a criminal appeal against an order of acquittal. The applicant also requested permission to convert an earlier criminal revision application into a criminal appeal, as the coordinating bench had held that only an appeal was maintainable. The court examined the facts and circumstances, including the reason for the delay and the procedural posture. It held that the delay was condonable and allowed the conversion of the revision into an appeal. Consequently, the 43‑day delay was condoned and the application was disposed of in favour of the applicant.
Issues considered
- Whether a delay of 43 days in preferring a criminal appeal can be condoned under Section 5 of the Limitation Act.
- Whether a criminal revision application can be converted into a criminal appeal against an order of acquittal.
Legislation cited
- Limitation Acts. 5
Subjects
Judgment
R/CR.MA/10481/2026 ORDER DATED: 18/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
10481 of 2026
In F/CRIMINAL APPEAL/17361/2026
==========================================================
ASHABEN CHIRAGBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS NISHI PATEL FOR MS SHIRALI M PATEL(11069) for the Applicant(s)
No. 1
MR NITIN T GANDHI(5620) for the Respondent(s) No. 2
MS JYOTI BHATT ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.
1
ROHANKUMAR M AMIN(8851) for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 18/08/2026
ORDER
The applicant has preferred present application under
Section 5 of the Limitation Act for condonation of delay of 43
days caused in preferring the main Criminal Appeal.
Heard learned counsel appearing for the respective
parties.
Considering the fact and circumstances of the case and
the averments made in the application, present application
requires to be allowed.
Further, on perusal of the record, it appears that the
original complainant had earlier preferred a Criminal Revision
Application before this Court. However, the Coordinate Bench
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R/CR.MA/10481/2026 ORDER DATED: 18/08/2026
of this Court was of the opinion that, instead of a Criminal
Revision Application, only an appeal would be maintainable
against the order of acquittal. Therefore, the applicant seeks
permission to convert the Criminal Revision Application into a
Criminal Appeal. In such circumstances, the delay was caused
in preferring present Criminal Appeal.
In view of the above facts, delay of 43 days caused in
preferring the Criminal Appeal is hereby condoned. The
application stands disposed of.
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/08/2026 18:04:11
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