High Court of Gujarat
DIPAKBHAI @ DEEPSINGBHAI JALAMSINGBHAI KOTVADIYAversusSTATE OF GUJARAT
- Decided
- 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 delay
- criminal appeal
- procedural law
- miscellaneous application
- high 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
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DIPAKBHAI @ DEEPSINGBHAI JALAMSINGBHAI KOTVADIYA
Versus
STATE OF GUJARAT
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Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MS. C.M SHAH, APP for the Respondent(s) No. 1
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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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