High Court of Gujarat

AJAY @ SHIVO MANILAL TIRGAR (SARGADA)versusSTATE OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: S V PINTO

Holding

The Court condoned the 213‑day delay, allowing the criminal appeal to stand disposed.

Summary

The applicant, Ajay @ Shivo Manilal Tirgar, filed a criminal appeal against the State of Gujarat but delayed filing it by 213 days. The respondent State, through counsel, waived service of the rule. The applicant sought condonation of the delay, arguing sufficient explanation for the lapse. The Court examined the explanations provided and found them satisfactory. Consequently, the Court condoned the delay, allowing the appeal to proceed, and made the rule absolute, thereby disposing of the criminal appeal.

Issues considered

Whether a delay of 213 days in filing a criminal appeal can be condoned

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujaratservice of rule

Judgment

      R/CR.MA/2378/2026                                                   ORDER DATED: 03/02/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                           2378 of 2026
                 In F/CRIMINAL APPEAL/3427/2026
==========================================================
                    AJAY @ SHIVO MANILAL TIRGAR (SARGADA)
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
MS. C.M SHAH, APP for the Respondent(s) No. 1
==========================================================
   CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
                                         Date : 03/02/2026
                                           ORAL ORDER

         Rule. Learned APP waives service of rule for and on

behalf of the respondent State.

         This is an application preferred by the applicant for

condonation of delay of 213 days occurred in filing the

aforesaid Criminal Appeal.

         Heard learned Counsel for the respective parties.

Considering the averments made in the application, it

appears that the delay is sufficiently explained. Therefore,

delay deserves to be condoned. Accordingly, delay is

condoned. The Criminal Appeal stands disposed of. Rule is

made absolute.

                                                                                     (S. V. PINTO,J)
ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 03/02/2026 15:27:34

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