High Court of Gujarat

AMIT DINESHBHAI PADHIYARversusSTATE OF GUJARAT

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

Holding

The Court held that the 203‑day delay is condonable as it is not wholly unexplained.

Summary

The applicant filed a criminal miscellaneous application seeking condonation of a 203‑day delay in filing a criminal appeal. The respondent, the State of Gujarat, waived service of notice. The Court examined whether the delay was sufficiently explained to merit condonation. It found that the delay was not totally unexplained. Consequently, the Court condoned the delay and made the rule absolute, allowing the appeal to proceed.

Issues considered

Whether a delay of 203 days in filing a criminal appeal can be condoned under the procedural law governing criminal appeals
Whether the explanation provided for the delay is sufficient to justify condonation

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujaratcourt order

Judgment

      R/CR.MA/3461/2026                                                        ORDER DATED: 12/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
                     DELAY) NO. 3461 of 2026
                In F/CRIMINAL APPEAL/3839/2026

========================================================
                                  AMIT DINESHBHAI PADHIYAR
                                            Versus
                                   STATE OF GUJARAT & ANR.
========================================================
Appearance:
MR NIKHILESH J SHAH(3007) 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 203
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 16:13:22




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