High Court of Gujarat

SONABHAI KARAMSIBHAI SOLANKIversusSTATE OF GUJARAT

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

Holding

The court allowed the application and condoned the three‑day delay in filing the criminal appeal.

Summary

The applicant filed an application under Section 5 of the Limitation Act seeking condonation of a three‑day delay in filing the main criminal appeal. The respondents opposed, arguing that no satisfactory explanation was provided for the delay. The court examined the facts and the averments in the application and concluded that the applicant had made out a sufficient case for condonation. Accordingly, the court allowed the application and condoned the three‑day delay. The State later placed on record a communication that it would not file any appeal against the acquittal order.

Issues considered

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

Legislation cited

Limitation Acts. 5

Subjects

condonation of delaycriminal appealLimitation ActSection 5High Courtacquittal

Judgment

    R/CR.MA/1514/2026                                    ORDER DATED: 13/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        1514 of 2026

                        In F/CRIMINAL APPEAL/2223/2026

==========================================================
                        SONABHAI KARAMSIBHAI SOLANKI
                                   Versus
                          STATE OF GUJARAT & ORS.
==========================================================
Appearance:
BINNI B DESAI(9072) for the Applicant(s) No. 1
MR RAJESH K SHAH(784) for the Applicant(s) No. 1
MR TUSHAR CHAUDHARY(5316) for the Respondent(s) No.
10,11,12,13,14,15,16,18,19,2,20,22,23,26,28,29,3,31,33,34,35,36,37,4,5,7,9
MS JIRGA JHAVERI ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
UNSERVED EXPIRED (N) for the Respondent(s) No. 21
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                               Date : 13/08/2026

                                     ORDER


      Present application is               led by the applicant under
Section 5 of the Limitation Act for condonation of delay of
3 days occurred in preferring the main Criminal Appeal.
      Heard learned counsel appearing for the respective
parties.
      Mr. Chaudhary, learned counsel for the respondents
accused       has       vehemently     opposed     the      application        and
submitted that no satisfactory explanation given by the
applicant for condonation of delay.
      Considering the facts and circumstances of the case and



                                     Page 1 of 2
     R/CR.MA/1514/2026                                                                ORDER DATED: 13/08/2026




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 3
days caused in preferring the main Criminal Appeal is hereby
condoned.
         Today, Ms. Jhaveri, learned APP for respondent No. 1 –
State, places on record the communication dated 07.04.2026
and submits that the State is not going to prefer any appeal
against the impugned judgment and order of acquittal.
         The communication dated 7.4.2026 is taken on record.



                                                                        (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 13/08/2026 16:54:53




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