PRAVINABEN ASHOKBHAI GATECHAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court held that the 153‑day delay is condonable on the basis of the applicant’s satisfactory explanation, and therefore the rule is made absolute.
Summary
Pravinaben Ashokbhai Gatecha filed a criminal appeal against a judgment of acquittal but delayed filing the appeal by 153 days. An application for condonation of this delay was filed, with the State of Gujarat and the original accused waiving service of notice. The Court examined the explanations provided in the application (paragraphs 3‑6) regarding the reasons for the delay. Finding the explanations satisfactory, the Court allowed the application and condoned the 153‑day delay, making the rule absolute. Consequently, the appeal may now be heard.
Issues considered
- Whether a delay of 153 days in preferring a criminal appeal against an acquittal can be condoned under the procedural law.
Subjects
Judgment
R/CR.MA/15586/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
15586 of 2026
In F/CRIMINAL APPEAL/12884/2026
==================================================
PRAVINABEN ASHOKBHAI GATECHA
Versus
STATE OF GUJARAT & ANR.
==================================================
Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1
MR MANISH BHATT, SENIOR ADVOCATE WITH MUNJAAL M BHATT(8283) for
the Respondent(s) No. 2
MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
==================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 17/08/2026
ORDER
1. RULE. Learned APP waives service of notice of Rule for
respondent No.1 – State of Gujarat and learned counsel Mr.Munjaal
Bhatt, waives service of notice of Rule for respondent No.2 – original
accused.
2. Present application is :led by the applicant for condonation of
delay of 153 days caused in preferring Criminal Appeal against the
judgment and order of acquittal.
3. Heard learned counsel appearing for the respective parties.
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R/CR.MA/15586/2026 ORDER DATED: 17/08/2026
4. Considering the averments made in the application, more
particularly in paragraphs 3 to 6, giving elaborate explanation for
delay caused in preferring the appeal, present application is hereby
allowed. The delay of 153 days is hereby condoned. Rule is made
absolute.
(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 17/08/2026 17:24:18
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