High Court of Gujarat
AMIT DINESHBHAI PADHIYARversusSTATE OF GUJARAT
- Decided
- 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 delay
- criminal appeal
- procedural law
- High Court of Gujarat
- court 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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