JITENDRABHAI CHELRAM BHOJWANIversusKALPESHBHAI ISHWARBHAI MARVADI
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The court held that the delay is condoned.
Summary
The applicant filed a criminal miscellaneous application seeking condonation of an 11‑day delay in filing a criminal appeal against a judgment dated 16 March 2026 passed by the Special Judge (POCSO) and the 4th Additional Sessions Judge, Panchmahal, Godhra. The respondent’s counsel, Ms. Mayuri Chauhan, appeared on behalf of the accused and indicated she would file an appearance. The court examined the explanations provided in the application and found that sufficient cause for the delay was established. Consequently, the court exercised its discretion to condone the delay. The application was disposed of, granting the condonation of delay.
Issues considered
- Whether the 11‑day delay in filing the criminal appeal can be condoned under the procedural law.
Subjects
Judgment
R/CR.MA/13123/2026 ORDER DATED: 21/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
DELAY) NO. 13123 of 2026
In
F/CRIMINAL APPEAL/22904/2026
==========================================
JITENDRABHAI CHELRAM BHOJWANI
Versus
KALPESHBHAI ISHWARBHAI MARVADI & ANR.
==========================================
Appearance:
A N KADRI(7990) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1
MS JYOTI BHATT APP for the Respondent(s) No. 2
==========================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 21/07/2026
ORAL ORDER
Present application is filed by the applicant seeking condonation
of delay of 11 days occurred in filing Criminal Appeal against the
judgment and order dated 16.03.2026 passed by the learned Special
Judge (POCSO) and 4th Additional Sessions Judge, Panchmahal,
Godhra.
Ms. Mayuri Chauhan, learned counsel submits that she has
instruction to appear on behalf of respondent – accused and she will
file her appearance. Ms.Chauhan, learned counsel is permitted to file
her appearance.
Considering the averments made in the application and heard
the learned counsel for the respective parties and explanation given
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R/CR.MA/13123/2026 ORDER DATED: 21/07/2026
in the application, this Court finds that the sufficient cause is made
out to condone the delay.
In view of the above, the delay occurred in filing the Criminal
Appeal is hereby condoned. The application stands disposed of
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 21/07/2026 18:01:37
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