High Court of Gujarat
MAKSUDMIYA MOHAMADMIYA SHAIKHversusSTATE OF GUJARAT
- Decided
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- S V PINTO
Holding
The Court held that the delay is condonable as it is not totally unexplained.
Summary
The petitioner, Maksudmiya Mohadmiya Shaikh, filed an application seeking condonation of a 143‑day delay in filing a criminal appeal against the State of Gujarat. The respondent, the State, waived service of notice. The Court examined whether the delay was satisfactorily explained. It found that the delay was not wholly unexplained and therefore could be condoned. Consequently, the Court granted the application and made the rule absolute, allowing the appeal to proceed.
Issues considered
- Whether a delay of 143 days in filing a criminal appeal can be condoned under procedural law
Subjects
- condonation of delay
- criminal appeal
- procedural law
- high court order
Judgment
R/CR.MA/3346/2026 ORDER DATED: 12/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
DELAY) NO. 3346 of 2026
In F/CRIMINAL APPEAL/5829/2026
========================================================
MAKSUDMIYA MOHAMADMIYA SHAIKH
Versus
STATE OF GUJARAT
========================================================
Appearance:
MR ANIK EJAZ SHAIKH(10873) 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 : 12/02/2026
ORAL ORDER
Rule. Learned APP waives service of notice of rule for
the respondent – State.
This is an application for condonation of delay of 143
days in filing the captioned criminal appeal.
Heard learned counsel for the parties.
Considering the contents of the application, it cannot
be said that the delay caused in filing the captioned criminal
appeal has remained totally unexplained. Therefore, the delay
caused in filing the captioned criminal appeal is condoned. Rule
is made absolute.
(S. V. PINTO,J)
F.S. KAZI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAZI FARUKHUSEN(HC01075), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/02/2026 16:15:01
Page 1 of 1
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.