High Court of Gujarat

MAGHABHAI DAYARAMBHAI BHADRUversusSTATE OF GUJARAT

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

Holding

The Court allowed the application and condoned the delay in filing the criminal appeal.

Summary

Maghabhai DayaramBhai Bhadru filed a criminal appeal but delayed filing it by 49 days. He filed a miscellaneous application seeking condonation of this delay. The respondents, the State of Gujarat and others, were served notice but chose not to appear before the Court. The Court examined the applicant's explanation for the delay and found it satisfactory. Consequently, the Court allowed the application and condoned the 49‑day delay in preferring the appeal.

Issues considered

Whether a delay of 49 days in preferring a criminal appeal can be condoned under the applicable procedural law.

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujaratnon‑appearance of respondents

Judgment

       R/CR.MA/24443/2025                                                                  ORDER DATED: 30/06/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
                     DELAY) NO. 24443 of 2025
                                In
                  F/CRIMINAL APPEAL/46319/2025

 ==========================================
                MAGHABHAI DAYARAMBHAI BHADRU
                                Versus
                     STATE OF GUJARAT & ORS.
 ==========================================
 Appearance:
 YAGNESHKUMAR S JOSHI(8074) for the Applicant(s) No. 1
 FRESH NOTICE SERVED(4512) for the Respondent(s) No. 2,3,4,5,6
 MS JIRGA JHAVERI APP for the Respondent(s) No. 1
 ==========================================

    CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                               Date : 30/06/2026

                                                    ORAL ORDER

            Present application is filed by the applicant seeking condonation
 of delay of 49 days caused in preferring the criminal appeal.

            Though served, the respondents – accused have chosen not to
 appear before the Court.

            Considering the averments made in the application, it appears
 that the applicant has satisfactorily explained the delay caused in
 preferring the criminal appeal. Hence, the application is allowed. The
 delay caused in preferring the appeal is hereby condoned.


                                                                      (HEMANT M. PRACHCHHAK,J)
 V.R. PANCHAL


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/06/2026 16:27:26




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