High Court of Gujarat
RAKESHBHAI KALIYABHAI BARIAversusSTATE OF GUJARAT
- Decided
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- S V PINTO
Holding
The Court condoned the 31‑day delay in preferring the criminal appeal.
Summary
The applicant, Rakeshbhai Kaliyabhai Baria, filed an application seeking condonation of a 31‑day delay in filing Criminal Appeal No. 46949 of 2025 against the State of Gujarat. The Additional Public Prosecutor, on behalf of the State, waived service of the rule. The Court examined the explanations provided for the delay and found them satisfactory. Consequently, the Court held that the delay was sufficiently explained and should be condoned. The application was allowed, the delay was condoned, and the rule was made absolute.
Issues considered
- Whether the 31‑day delay in preferring the criminal appeal can be condoned?
Subjects
- condonation of delay
- criminal appeal
- procedural law
- High Court
- Criminal Procedure
Judgment
R/CR.MA/27853/2025 ORDER DATED: 05/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
27853 of 2025
In F/CRIMINAL APPEAL/46949/2025
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RAKESHBHAI KALIYABHAI BARIA
Versus
STATE OF GUJARAT
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Appearance:
MR UM SHASTRI(830) for the Applicant(s) No. 1
MS. C.M.SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 05/01/2026
ORAL ORDER
RULE. Learned Additional Public Prosecutor appears and
waives service of rule for and on behalf of the respondent-State.
Heard learned advocate Mr. U.M.Shastri appearing for the
applicant and learned Additional Public Prosecutor Ms. C.M.Shah
for the respondent No. 1 – State.
This application has been filed by the present applicant
seeking condonation of delay of 31 days, which had occurred in
preferring F/Criminal Appeal No. 46949 of 2025.
Having heard learned advocates appearing for the parties,
and having gone through the averments made in this application
as well as those made out before this Court, delay of 31 days, which
had occurred in preferring F/Criminal Appeal No. 46949 of 2025
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R/CR.MA/27853/2025 ORDER DATED: 05/01/2026
appears to have been sufficiently explained. Accordingly, the delay
of 31 days deserves to be condoned.
Accordingly, the present application stands allowed and
disposed of. The delay of 31 days, which had occurred in preferring
F/Criminal Appeal No. 46949 of 2025 is hereby condoned. Rule is
made absolute.
(S. V. PINTO,J)
VVM
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VISHAL VISHNUPRASAD MISHRA(HC01088), STENO GR II, at High Court of Gujarat on 05/01/2026 16:33:20
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