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High Court of Gujarat

KAMLESHKUMARI PANCHAMSINGH THAKUR(THAKORE)versusSTATE OF GUJARAT

Decided
Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court held that the delay was sufficiently explained and therefore condoned.

Summary

The petitioner filed a criminal miscellaneous application seeking condonation of a nine‑day delay in filing a restoration application. The respondent opposed the condonation. The petitioner’s counsel explained the reasons for the delay in the memorandum of application. After considering the submissions of both sides, the Court found that the explanation for the delay was satisfactory. Consequently, the Court allowed the application and condoned the delay, permitting the restoration application to proceed.

Issues considered

  • Whether a delay of nine days in filing a restoration application can be condoned

Subjects

  • condonation of delay
  • restoration application
  • criminal procedure
  • high court
  • Gujarat

Judgment

   R/CR.MA/14024/2026                                     ORDER DATED: 29/07/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        14024 of 2026

              In R/CRIMINAL MISC.APPLICATION/17666/2026
                    In R/CRIMINAL APPEAL/1756/2022

==========================================================
        KAMLESHKUMARI PANCHAMSINGH THAKUR(THAKORE)
                           Versus
                  STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR KV SHELAT(834) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
REFUSED SERVED (N)(10) for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                Date : 29/07/2026
                                 ORAL ORDER


  1. By this application the applicant seeks condonation of delay
      of 9 days caused in filing the Restoration Application.



  2. Learned advocate for the applicant has stated reasons at
      para no.3 of the application for the delay in filing the

      restoration application.



  3. Having regard to the submissions advanced by the learned
      advocates for the respective parties and more particularly

      considering       the   averments    made     in   the   memorandum           of

      application, the Court is of the view that the delay caused

      in filing the Restoration Application has been sufficiently

      explained.



                                    Page 1 of 2
                   R/CR.MA/14024/2026                                                ORDER DATED: 29/07/2026




                  4. The application,              therefore,       succeeds        and      is,   accordingly,

                      allowed. The delay is hereby condoned.




                                                                                  (SANJEEV J.THAKER,J)
             URIL RANA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 29/07/2026 16:39:56




                                                           Page 2 of 2


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