High Court of Gujarat

CHAMPABEN SOMABHAI PATELversusSTATE OF GUJARAT

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

Holding

The court condoned the 29‑day delay and permitted the conversion of the revision into an appeal.

Summary

The applicant sought condonation of a 29‑day delay in filing a criminal appeal under Section 5 of the Limitation Act. The court examined the circumstances, noting that the original complainant had filed a criminal revision which the coordinate bench held should have been an appeal against the acquittal order. The applicant therefore requested permission to convert the revision into an appeal, causing the delay. Considering the facts and the applicant’s averments, the court allowed the condonation. Consequently, the 29‑day delay was condoned and the application was disposed of.

Issues considered

Whether a delay of 29 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

Legislation cited

Limitation Acts. 5

Subjects

condonation of delaycriminal appealSection 5 Limitation Actrevision to appeal conversioncriminal procedure

Judgment

   R/CR.MA/13474/2026                              ORDER DATED: 18/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        13474 of 2026

                        In R/CRIMINAL APPEAL/1163/2026

==========================================================
                        CHAMPABEN SOMABHAI 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 29
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
of this Court was of the opinion that, instead of a Criminal


                                   Page 1 of 2
       R/CR.MA/13474/2026                                                                ORDER DATED: 18/08/2026




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 29 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 18:04:32




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