High Court of Gujarat

HARKHABHAI VIRAMBHAI GAGABHAI THAKORversusSTATE OF GUJARAT

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

Holding

The court held that the ten‑day delay is sufficiently explained and therefore condoned.

Summary

The applicant, Harkhabhai Virambhai Gagabhai Thakor, filed a criminal appeal against the State of Gujarat but missed the prescribed filing deadline by ten days. He filed a criminal miscellaneous application seeking condonation of this delay. The respondent State, through its counsel, waived service of the rule. The court examined the explanations provided for the delay and found them satisfactory. Consequently, the court held that the delay should be condoned. The application for condonation was therefore disposed, and the rule was made absolute.

Issues considered

Whether a delay of ten days in filing a criminal appeal can be condoned under procedural law

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujarat

Judgment

       R/CR.MA/8174/2026                                                     ORDER DATED: 09/04/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         8174 of 2026

                             In F/CRIMINAL APPEAL/14236/2026

==========================================================
                    HARKHABHAI VIRAMBHAI GAGABHAI THAKOR
                                    Versus
                          STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. PIYUSH M VALA(14238) for the Applicant(s) No. 1
RONITH JOY(9560) 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 10 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 14:33:59

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