High Court of Gujarat

STATE OF GUJARATversusSUTHAR MAHIPALKUMAR BHIKHABHAI

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

Holding

The application for condonation of delay is allowed, and the 225‑day delay is condoned.

Summary

The State of Gujarat filed a criminal miscellaneous application under Section 5 of the Limitation Act seeking condonation of a 225‑day delay in filing the main criminal appeal. Respondent No. 2 had died on 13‑01‑2026, and the court held the application as abated with respect to him. Respondent No. 1 was duly served but chose not to appear before the court. Considering the facts and the appellant’s submissions, the court allowed the application, condoning the delay and disposing of the matter. The order was signed by Justice Hemant M. Prachchak on 07‑08‑2026.

Issues considered

Whether a delay of 225 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 appealabated applicationdeath of respondent

Judgment

   R/CR.MA/15637/2026                               ORDER DATED: 07/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        15637 of 2026

                        In F/CRIMINAL APPEAL/27966/2026

==========================================================
                         STATE OF GUJARAT
                               Versus
               SUTHAR MAHIPALKUMAR BHIKHABHAI & ANR.
==========================================================
Appearance:
MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the
Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1
UNSERVED EXPIRED (N) for the Respondent(s) No. 2
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                Date : 07/08/2026

                                 ORAL ORDER


      Learned APP for the appellant submits that she has
received instructions that respondent No. 2 passed away on
13.01.2026. She further submits that the death certi!cate
issued by the competent authority is attached to the notice
returned to this Court by the concerned baili#.
      In view of the above, the application, qua respondent No.
2, stands abated.
      So far as respondent No. 1 is concerned, though duly
served with the notice, he has chosen not to remain present
before this Court.
      The present application has been !led by the appellant
under Section 5 of the Limitation Act seeking condonation of
delay of 225 days in preferring the main Criminal Appeal.


                                    Page 1 of 2
      R/CR.MA/15637/2026                                                               ORDER DATED: 07/08/2026




         Heard the learned APP for the appellant.
         Considering the facts and circumstances of the case and
the      averments                 made            in      the        application,                the         present
application is hereby allowed. The delay of 225 days caused in
!ling the main Criminal Appeal is hereby condoned. The
application stands disposed of.


                                                                        (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 07/08/2026 18:00:59




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