High Court of Gujarat

MAHESHBHAI BHUDARBHAI KATAKIYA KODIversusSTATE OF GUJARAT

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

Holding

The Court held that the 377‑day delay is condoned as the applicant established sufficient cause.

Summary

Maheshbhai BhuDarbhai Katakiya Kodi filed a criminal miscellaneous application seeking condonation of a 377‑day delay in filing his main criminal appeal under Section 374(2) of the Code of Criminal Procedure. The Court heard arguments from counsel for both parties. It was held that the applicant had shown sufficient cause for the delay. Consequently, the Court condoned the delay and ordered that the main appeal be admitted. The application was allowed and the registry was directed to notify the appeal.

Issues considered

Whether a delay of 377 days in preferring a criminal appeal under Section 374(2) of the CrPC can be condoned

Legislation cited

Code of Criminal Procedure, 1973s. 374(2)

Subjects

condonation of delaycriminal appealCrPCprocedural lawSection 374(2)

Judgment

           R/CR.MA/5429/2026                                                                 ORDER DATED: 06/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                5429 of 2026
                In F/CRIMINAL MISC.APPLICATION/7768/2026
                      In R/CRIMINAL APPEAL/905/2021
   ==========================================================
                            MAHESHBHAI BHUDARBHAI KATAKIYA KODI
                                          Versus
                                    STATE OF GUJARAT
   ==========================================================
   Appearance:
   MS SHUBHA B TRIPATHI(5597) 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 377 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 377 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),       PagePrincipal
                                                                    1 of 1 Pvt. Secretary, at High Court of Gujarat on 06/03/2026 13:21:19

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