High Court of Gujarat

NATHABHAI BHIMABHAI RATHODversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: HEMANT M PRACHCHHAK

Holding

The court condoned the 49‑day delay in filing the criminal appeal under Section 5 of the Limitation Act.

Summary

The petitioners, Nathabhai Bhimabhai Rathod and another, filed an application under Section 5 of the Limitation Act seeking condonation of a 49‑day delay in filing their main criminal appeal. The respondents, the State of Gujarat, were represented by an Additional Public Prosecutor. The court considered the facts, circumstances, and the averments made in the application. It held that the delay could be condoned under the provisions of the Limitation Act. Consequently, the application for condonation was allowed and the delay was excused.

Issues considered

Whether a delay of 49 days in filing the main criminal appeal can be condoned under Section 5 of the Limitation Act.

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation Actcriminal appealSection 5High Court of Gujarat

Judgment

     R/CR.MA/25020/2025                                                                ORDER DATED: 06/08/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          25020 of 2025
                In F/CRIMINAL APPEAL/40035/2025
==========================================================
                          NATHABHAI BHIMABHAI RATHOD & ANR.
                                        Versus
                                 STATE OF GUJARAT
==========================================================
Appearance:
MR HARSHAD K PATEL(2844) for the Applicant(s) No. 1,2
MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                               Date : 06/08/2026

                                                 ORAL ORDER

         Rule. Learned APP waives service of notice of rule on
behalf of the respondent State.
         Present application is preferred by the applicants under
Section 5 of the Limitation Act for condonation of delay of 49
days caused in ling the main Criminal Appeal.
         Heard learned counsel appearing for the respective
parties.
         Considering the facts and circumstances of the case and
the averments made in the application, present application is
hereby allowed. Delay of 49 days caused in                                                       ling the main
Criminal Appeal is hereby condoned. The application stands
disposed of accordingly. 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 06/08/2026 17:58:26




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