High Court of Gujarat

JAYESH @ JAY BHANABHAI MAKWANAversusSTATE OF GUJARAT

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

Holding

The Court held that the delay was sufficiently explained and therefore condoned.

Summary

The applicant, Jayesh Makwana, filed a criminal appeal against the State of Gujarat but delayed filing it by 42 days. He filed a criminal miscellaneous application seeking condonation of this delay. The respondent State, through counsel, waived service of the rule. The Court examined the explanation provided for the delay and found it satisfactory. Consequently, the Court condoned the 42‑day delay, disposed of the miscellaneous application, and made the rule absolute.

Issues considered

Whether the 42‑day delay in filing the criminal appeal can be condoned under procedural law

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujaratrule absolute

Judgment

        R/CR.MA/2938/2026                                                      ORDER DATED: 06/02/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                           2938 of 2026

                               In F/CRIMINAL APPEAL/4517/2026

  ==========================================================
                           JAYESH @ JAY BHANABHAI MAKWANA
                                         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 : 06/02/2026

                                              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 42 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 Misc. Application stands disposed
  of. Rule is made absolute.




                                                                                          (S. V. PINTO,J)
  VASIM S. SAIYED

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VASIM SHABBIR SAIYED(HC01902), PRIVATE SECRETARY, at High Court of Gujarat on 06/02/2026 14:15:15




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