High Court of Gujarat

TOSIFMIYA NURMIYA MALEKversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The Court condoned the 265‑day delay and allowed the application for condonation.

Summary

The applicant sought condonation of a 265‑day delay in filing a criminal appeal under Section 374(2) of the Code of Criminal Procedure. The High Court heard arguments from counsel for both sides and examined the reasons for the delay. Finding that the applicant had established sufficient cause, the Court held that the delay warranted condonation. Consequently, the application for condonation was allowed and the appeal was ordered to be admitted. The order was signed by Justices Ilesh J. Vora and R. T. Vachhani.

Issues considered

Whether a delay of 265 days in preferring a criminal appeal can be condoned under Section 374(2) of the CrPC

Legislation cited

Code of Criminal Procedures. 374(2)

Subjects

condonation of delaycriminal appealSection 374(2) CrPCprocedural lawHigh Court

Judgment

      R/CR.MA/5414/2026                                                                   ORDER DATED: 06/03/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                           5414 of 2026
                 In F/CRIMINAL APPEAL/8840/2026
==========================================================
                                      TOSIFMIYA NURMIYA MALEK
                                                Versus
                                      STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR AVANIDHAR M THAKORE(10377) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
          and
          HONOURABLE MR. JUSTICE R. T. VACHHANI
                       Date : 06/03/2026
                        ORAL ORDER
 (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.        By this application, the applicant has prayed for condonation of
delay of 265 days in preferring the main Criminal Appeal under Section
374(2) of the Code of Criminal Procedure.

2.        Having heard learned advocates for the respective parties and
considering the averments made in the application, the applicant has
established sufficient cause and therefore, delay of 265 days in preferring
the main Criminal Appeal, deserves to be condoned and is hereby
condoned.

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

4.        Registry is directed to notify the main Criminal Appeal for
admission.


                                                                                                 (ILESH J. VORA,J)



                                                                                              (R. T. VACHHANI, J)
rakesh



Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950),  Page 1 ofPrincipal
                                                                      1      Pvt. Secretary, at High Court of Gujarat on 06/03/2026 13:22:02

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