JAYSUKHBHAI KANUBHAI KALATHIYAversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The court condoned the 911‑day delay and ordered the restoration of the dismissed criminal appeal.
Summary
The applicant filed a criminal miscellaneous application seeking condonation of a 911‑day delay in filing a petition for restoration of Criminal Appeal No. 23030 of 2023, which had been dismissed for default due to non‑removal of office objections. The court examined the explanations provided for the delay and, finding them satisfactory, allowed the condonation application. Consequently, the court ordered that the dismissed appeal be restored to its original file, subject to removal of any remaining office objections within two weeks. The application was thus disposed of in the applicant's favour.
Issues considered
- Whether a delay of 911 days in filing an application for restoration of a dismissed criminal appeal can be condoned.
- Whether the dismissed criminal appeal can be restored after condonation of delay.
Subjects
Judgment
R/CR.MA/7573/2026 ORDER DATED: 15/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
7573 of 2026
In R/CRIMINAL MISC.APPLICATION/13535/2026
In F/CRIMINAL APPEAL/23030/2023
With
R/CRIMINAL MISC.APPLICATION NO. 13535 of 2026
In
F/CRIMINAL APPEAL NO. 23030 of 2023
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JAYSUKHBHAI KANUBHAI KALATHIYA
Versus
STATE OF GUJARAT & ANR.
================================================================
Appearance:
MR SN KHARA FOR MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 15/06/2026
ORAL ORDER
ORDER IN CR.MA/7573/2026
The present application is filed by the applicant for condonation
of delay of 911 days caused in filing application seeking restoration of
the main matter being F/Criminal Appeal No.23030 of 2023, which
came to be dismissed for default on non-removal of office objections
vide order dated 03.08.2023.
Considering the averments made in the application giving
elaborate explanation for delay caused in filing application seeking
restoration, the present application is hereby allowed. The delay of
911 days is hereby condoned.
The present application stands disposed of accordingly.
Page 1 of 2
R/CR.MA/7573/2026 ORDER DATED: 15/06/2026
ORDER IN CR.MA/13535/2026
The present application is filed by the applicant seeking
restoration of the main matter being F/Criminal Appeal No.23030 of
2023, which came to be dismissed for default for non-removal of
office objections vide order dated 03.08.2023.
Considering the averments made in the application, the present
application is hereby allowed. The main matter being F/Criminal
Appeal No.23030 of 2023 is ordered to be restored to its original file
on removal of office objections, if any, within a period of two
weeks from the date of the order.
The present application stands disposed of accordingly.
(HEMANT M. PRACHCHHAK,J)
Dolly
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 15/06/2026 17:31:11
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