High Court of Gujarat
MAHESHBHAI VINUBHAI RATHODversusSTATE OF GUJARAT
- Decided
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
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 Procedure — s. 374(2)
Subjects
- condonation of delay
- criminal appeal
- CrPC
- procedural 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
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MAHESHBHAI VINUBHAI RATHOD
Versus
STATE OF GUJARAT
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Appearance:
MR AVANIDHAR M THAKORE(10377) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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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
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