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High Court of Gujarat

KIRTANBHAI @ SESIYO SAMARSINH BARIYAversusSTATE OF GUJARAT

Decided
Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

The Court condoned the 100‑day delay in preferring the criminal appeal.

Summary

The petitioner, Kirtanbhai @ Sesiyo Samarsinh Bariya, filed an application seeking condonation of a 100‑day delay in preferring a criminal appeal against the State of Gujarat and another party. Both sides were represented, with Ms. Mayuri P. Chauhan appearing for the petitioner and Mr. Bhargav Pandya for the respondents. The Court examined the reasons for the delay and found that the petitioner had established sufficient cause. Consequently, the Court held that the delay should be condoned. The application for condonation was therefore allowed.

Issues considered

  • Whether a delay of 100 days in filing a criminal appeal can be condoned.

Subjects

  • condonation of delay
  • criminal appeal
  • procedural law
  • High Court of Gujarat

Judgment

       R/CR.MA/2956/2026                                                              ORDER DATED: 06/02/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         2956 of 2026
                                 In F/CRIMINAL APPEAL/4432/2026

==========================================================
                       KIRTANBHAI @ SESIYO SAMARSINH BARIYA
                                       Versus
                              STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS. MAYURI P CHAUHAN(7069) for the Applicant(s) No. 1
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 : 06/02/2026

                                 ORAL ORDER
                  (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.         By this application, the applicant has prayed for condonation
of delay of 100 days in preferring criminal appeal.


2.         Having heard learned counsel for the respective parties and
considering the averments made in the application, the applicant
has established su#cient cause and therefore, delay in preferring
the criminal appeal deserves to be condoned and is hereby
condoned.


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



                                                                                            (ILESH J. VORA,J)



                                                                                         (R. T. VACHHANI, J)
P.S. JOSHI

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 06/02/2026 12:46:07

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