High Court of Gujarat

SHIVABHAI LUKABHAI TARALversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The Court held that the delay was condonable and allowed the application for restoration.

Summary

The petitioners, Shivabhai Lukabhai Taral and another, filed a criminal miscellaneous application seeking condonation of a 307‑day delay in filing a restoration application. The respondents, the State of Gujarat, opposed the condonation. Both parties were represented by counsel, with Ms. Honey H. Thakkar appearing for the petitioners and Mr. Bhargav Pandya for the State. The Court examined the reasons advanced by the petitioners and found that they had established sufficient cause for the delay. Consequently, the Court exercised its discretion under the relevant procedural provisions and granted the condonation of delay, allowing the restoration application to proceed. The order was pronounced by a two‑judge bench of the Gujarat High Court on 12 February 2026.

Issues considered

Whether a delay of 307 days in filing a restoration application can be condoned under criminal procedure law.

Subjects

condonation of delayrestoration of criminal proceedingscriminal miscellaneous applicationGujarat High Courtprocedural law

Judgment

       R/CR.MA/2871/2026                                                             ORDER DATED: 12/02/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
  R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                              2871 of 2026
              In F/CRIMINAL MISC.APPLICATION/4915/2026
                    In R/CRIMINAL APPEAL/204/2021
==========================================================
                              SHIVABHAI LUKABHAI TARAL & ANR.
                                           Versus
                                    STATE OF GUJARAT
==========================================================
Appearance:
MS HONEY H. THAKKAR FOR PARAS K SUKHWANI(8284) for the
Applicant(s) No. 1,2
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
==========================================================
   CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
           and
           HONOURABLE MR. JUSTICE R. T. VACHHANI
                        Date : 12/02/2026
                         ORAL ORDER
  (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.         By this application, the applicant has prayed for condonation of
delay of 307 days in preferring the restoration application.

2.         Having heard learned advocates for the respective parties and
considering the averments made in the application, the applicant has
established sufficient cause and therefore, delay of 307 days in preferring
the restoration application.

3.         Accordingly, present application is allowed in the above terms.



                                                                                           (ILESH J. VORA,J)




                                                                                         (R. T. VACHHANI, J)
Rakesh




Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 12/02/2026 15:56:06




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