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High Court of Gujarat

ATUL S/O. RAJESHBHAI RAMBHAROSE KAHARversusSTATE OF GUJARAT

Decided
Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

The Court condoned the 64‑day delay in preferring the criminal appeal.

Summary

The applicants filed a criminal miscellaneous application seeking condonation of a 64‑day delay in filing their criminal appeal against the State of Gujarat. The Court heard counsel for both sides and examined the reasons for the delay. It was found that the applicants had established sufficient cause for the delay. Consequently, the Court held that the delay warranted condonation. The application was therefore allowed, and the delay in preferring the appeal was condoned.

Issues considered

  • Whether a delay of 64 days in preferring a criminal appeal can be condoned.

Subjects

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

Judgment

        R/CR.MA/4957/2026                                                                     ORDER DATED: 27/02/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                           4957 of 2026
                 In F/CRIMINAL APPEAL/7992/2026
==========================================================
                ATUL S/O. RAJESHBHAI RAMBHAROSE KAHAR & ANR.
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR HITESH L GUPTA(3937) for the Applicant(s) No. 1,2
MR NAYAN L GUPTA(11798) for the Applicant(s) No. 1
MR JK SHAH, APP for the Respondent(s) No. 1
==========================================================
     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
           and
           HONOURABLE MR. JUSTICE R. T. VACHHANI
                         Date : 27/02/2026
                          ORAL ORDER
           (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.          By this application, the applicant has prayed for condonation of
delay of 64 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 sufficient 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)
MVP
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 27/02/2026 15:24:23



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