High Court of Gujarat

JASIBEN ISHWARBHAI THAKARDAversusSTATE OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: HEMANT M PRACHCHHAK

Holding

The court condoned the 93‑day delay in filing the appeal under Section 5 of the Limitation Act.

Summary

The applicant, Jasiben Ishwarbhai Thakarda, filed an application under Section 5 of the Limitation Act seeking condonation of a 93‑day delay in filing a criminal appeal/leave to appeal against the State of Gujarat. The applicant’s counsel, Ms. Amrita Ajmera, appeared for the petitioner, while the respondent was represented by Ms. Jhavari, Additional Public Prosecutor. The court examined the facts and circumstances presented in the application. Considering the averments, the judge held that the delay could be condoned. Consequently, the application was allowed and the 93‑day delay was condoned, making the rule absolute.

Issues considered

Whether a delay of 93 days in filing a criminal appeal/leave to appeal can be condoned under Section 5 of the Limitation Act.

Legislation cited

Limitation Acts. 5

Subjects

Limitation ActSection 5condonation of delaycriminal appealHigh Court of Gujarat

Judgment

     R/CR.MA/23705/2025                                                                ORDER DATED: 09/07/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          23705 of 2025
                In F/CRIMINAL APPEAL/36785/2025
==========================================================
                               JASIBEN ISHWARBHAI THAKARDA
                                           Versus
                                 STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS AMRITA AJMERA(5204) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
MS JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================

   CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                               Date : 09/07/2026

                                                 ORAL ORDER

         Rule. Learned APP waives service of notice of rule on
behalf of respondent No.1.
         Present application is filed under Section 5 of the
Limitation Act for condonation of delay of 93 days occurred in
filing the Appeal/Leave to appeal.
         Heard learned counsel appearing for the respective
parties.
         Considering the facts and circumstances of the case and
in view of the averments made in the application, present
application is hereby allowed. The delay of 93 days occurred
in filing the Appeal/Leave to Appeal is hereby condoned. Rule
is made absolute.

                                                                        (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 10/07/2026 11:26:38




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