High Court of Gujarat

DIPAKBHAI @ DEEPSINGBHAI JALAMSINGBHAI KOTVADIYAversusSTATE OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: S V PINTO

Holding

The Court held that the delay of 560 days is sufficiently explained and therefore may be condoned.

Summary

The applicant, Dipakbhai Kotvadiya, filed a criminal miscellaneous application seeking condonation of a 560‑day delay in filing his criminal appeal against the State of Gujarat. The respondent State, through its counsel, waived service of the rule. The Court examined the explanations provided for the delay and found them satisfactory. Accordingly, the Court held that the delay could be condoned. The application was disposed of with the rule made absolute, thereby allowing the appeal to proceed.

Issues considered

Whether a delay of 560 days in filing a criminal appeal can be condoned under the procedural law governing criminal appeals
Whether the application for condonation of delay is maintainable and merits relief

Subjects

condonation of delaycriminal appealprocedural lawmiscellaneous applicationhigh court

Judgment

       R/CR.MA/8098/2026                                                      ORDER DATED: 09/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          8098 of 2026

                             In F/CRIMINAL APPEAL/14195/2026

 ==========================================================
           DIPAKBHAI @ DEEPSINGBHAI JALAMSINGBHAI KOTVADIYA
                                 Versus
                           STATE OF GUJARAT
 ==========================================================
 Appearance:
 JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
 MS. C.M SHAH, APP for the Respondent(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                           Date : 09/04/2026

                                              ORAL ORDER

           Rule. Learned APP waives service of rule for and on
 behalf of the respondent State.
           This is an application preferred by the applicant for
 condonation of delay of 560 days occurred in filing the
 aforesaid Criminal Appeal.
           Heard learned Counsel for the respective parties.
 Considering the averments made in the application, it
 appears that the delay is sufficiently explained. Therefore,
 delay deserves to be condoned. Accordingly, delay is
 condoned. The Criminal Misc. Application stands disposed
 of. Rule is made absolute.



                                                                                         (S. V. PINTO,J)
 VASIM S. SAIYED


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VASIM SHABBIR SAIYED(HC01902), PRIVATE SECRETARY, at High Court of Gujarat on 09/04/2026 14:34:44




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