High Court of Gujarat

MAHESHBHAI VINUBHAI RATHODversusSTATE OF GUJARAT

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

Holding

The delay of 38 days is condoned as the applicant established sufficient cause.

Summary

The applicant filed a criminal miscellaneous application seeking condonation of a 38‑day delay in filing the main criminal appeal under Section 374(2) of the Code of Criminal Procedure. The respondent opposed the condonation, arguing that the delay was unexplained. The court examined the affidavits and oral submissions and found that the applicant had established sufficient cause for the delay. Accordingly, the court held that the delay warranted condonation. The application was allowed, the delay was condoned, and the main criminal appeal was directed to be admitted.

Issues considered

Whether a delay of 38 days in preferring a criminal appeal under Section 374(2) of the CrPC can be condoned.

Legislation cited

Code of Criminal Procedures. 374(2)

Subjects

condonation of delaycriminal appealCrPCprocedural law

Judgment

             R/CR.MA/5420/2026                                                            ORDER DATED: 06/03/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
       R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                  5420 of 2026
                        In F/CRIMINAL APPEAL/8847/2026
      ==========================================================
                                      MAHESHBHAI VINUBHAI RATHOD
                                                Versus
                                          STATE OF GUJARAT
      ==========================================================
      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 38 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 38 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), Principal Pvt. Secretary, at High Court of Gujarat on 06/03/2026 13:21:38


                                                            Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "condonation of delay"Sign in to search