High Court of Gujarat
JAYESH @ JAY BHANABHAI MAKWANAversusSTATE OF GUJARAT
- Decided
- 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 delay
- criminal appeal
- procedural law
- High Court of Gujarat
- rule 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
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JAYESH @ JAY BHANABHAI MAKWANA
Versus
STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) 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 : 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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