High Court of Gujarat

JOSHI MANSUKHBHAI NAGJIBHAIversusJOSHI AMITKUMAR HARSHADBHAI

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The Court held that the 27‑day delay was condonable as the petitioner had demonstrated sufficient cause.

Summary

The petitioner filed a criminal miscellaneous application seeking condonation of a 27‑day delay in filing an application for restoration of Criminal Appeal No. 1301 of 2024. The court examined the averments and explanations provided in the petition. It found that the petitioner had shown sufficient cause for the delay. Accordingly, the court exercised its discretion under the procedural law to condone the delay. The application was thereafter disposed of, with the delay deemed condoned.

Issues considered

Whether a delay of 27 days in filing an application for restoration of a criminal appeal can be condoned on the basis of sufficient cause.

Subjects

condonation of delaycriminal appealrestoration of appealprocedural lawHigh Court of Gujarat

Judgment

        R/CR.MA/10877/2026                                                    ORDER DATED: 15/06/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                             10877 of 2026
             In R/CRIMINAL MISC.APPLICATION/13521/2026
                   In R/CRIMINAL APPEAL/1301/2024

  ==========================================================
                           JOSHI MANSUKHBHAI NAGJIBHAI
                                      Versus
                        JOSHI AMITKUMAR HARSHADBHAI & ANR.
  ==========================================================
  Appearance:
  MR NARENDRA RANAMALJI MADHU(13497) for the Applicant(s) No. 1
  MR DEEPAKKUMAR R JATAV(11716) for the Respondent(s) No. 1
  MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the
  Respondent(s) No. 2
  ==========================================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M.
           PRACHCHHAK

                                           Date : 15/06/2026

                                              ORAL ORDER


  1.        The application is filed to condone the delay of 27 days
  occurred in filing the application for restoration of Criminal Appeal No.
  1301 of 2024.

  2.        Considered the averments and explanation given in the
  application, this Court finds that the sufficient cause is made out to
  condone the delay.

  3.        In view of the above, the delay occurred in filing the application
  for restoration of Criminal Appeal No. 1301 of 2024 is hereby
  condoned.

  4.        The application stands disposed of accordingly.



                                                                (HEMANT M. PRACHCHHAK,J)
  ANUSRI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 16/06/2026 17:30:53

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