MUJAWAR GULAMNABI MOHAMAD. ARISversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court held that sufficient cause was shown and therefore the 362‑day delay in filing the appeal was condoned.
Summary
The applicant filed an application seeking condonation of a 362‑day delay in filing Criminal Appeal No. 39993 of 2025. The respondents, who are the accused, opposed the application, contending that the delay was not properly explained. The Court examined the explanations provided in the application (paragraphs 3‑5) and considered the submissions of counsel. Finding that sufficient cause for the delay was demonstrated, the Court exercised its discretion to condone the delay. Consequently, the delay in filing the appeal was condoned and the application was disposed of.
Issues considered
- Whether a delay of 362 days in filing a criminal appeal can be condoned under the provisions of the Criminal Procedure Code.
Legislation cited
Subjects
Judgment
R/CR.MA/23535/2025 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
23535 of 2025
In F/CRIMINAL APPEAL/39993/2025
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MUJAWAR GULAMNABI MOHAMAD. ARIS
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS N M ZAVERI(13091) for the Applicant(s) No. 1
MR. SOEB R. BHOHARIA(2205) for the Respondent(s) No. 4,5,6,7,8
MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
VALIMOHAMMED PATHAN(6383) for the Respondent(s) No. 4,5,6,7,8
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 17/08/2026
ORAL ORDER
1. The application is led by the applicant to condone the
delay of 362 days occurred in ling of the Criminal Appeal
no.39993 of 2025.
2. Mr. Soeb Bhoharia, learned counsel for the respondents –
accused has opposed the application and submitted that the
delay has not been properly explained in the application.
3. Considering the submissions canvassed by the learned
counsel for the respective parties and the averments made in
the application, more particularly, the explanation given in
paragraphs 3, 4 and 5, this Court nds that su)cient cause is
made out to condone the delay.
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R/CR.MA/23535/2025 ORDER DATED: 17/08/2026
4. In view of the above, the delay occurred in ling of the
Criminal Appeal no.39993 of 2025 is hereby condoned.
5. The present application stands disposed of accordingly.
(HEMANT M. PRACHCHHAK,J)
ANUSRI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 17/08/2026 18:47:32
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