High Court of Gujarat

STATE OF GUJARATversusCHAUDHARY KANTIBHAI DAHYABHAI

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The court held that the 529‑day delay in filing the criminal appeal is condoned under Section 5 of the Limitation Act.

Summary

The State of Gujarat filed an application under Section 5 of the Limitation Act seeking condonation of a 529‑day delay in filing the main criminal appeal against Chaudhary Kantibhai Dahyabhai & Ors. The court examined the facts and the averments made in the application to determine whether the delay could be excused. It found that the applicant had sufficiently demonstrated reasons justifying the lapse. Consequently, the court allowed the application and ordered that the 529‑day delay be condoned. The criminal appeal may now proceed despite the procedural lapse.

Issues considered

Whether a delay of 529 days in preferring the main criminal appeal can be condoned under Section 5 of the Limitation Act?

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5criminal appealHigh Court of Gujaratprocedural law

Judgment

      R/CR.MA/14419/2026                                                                ORDER DATED: 13/08/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         14419 of 2026
               In F/CRIMINAL APPEAL/25899/2026

==========================================================
                               STATE OF GUJARAT
                                     Versus
                       CHAUDHARY KANTIBHAI DAHYABHAI & ORS.
==========================================================
Appearance:
MS JIRGA JHAVERI ADDL. PUBLIC PROSECUTOR for the Applicant(s) No.
1
MR TUSHAR CHAUDHARY(5316) for the Respondent(s) No.
1,10,11,2,3,4,5,6,7,8,9
==========================================================

   CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                                Date : 13/08/2026
                                                 ORAL ORDER

          Present application is                                led by the applicant under
Section 5 of the Limitation Act for condonation of delay of
529 days occurred in preferring the main Criminal Appeal.
          Heard learned counsel appearing for the respective
parties.
          Considering the facts and circumstances of the case and
the averments made in the application, it appears that the
applicant has made out a case for condonation of delay.
Accordingly, the present application is allowed. The delay of
529 days caused in preferring the main Criminal Appeal is
hereby condoned.


                                                                        (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 14/08/2026 18:06:31




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