High Court of Gujarat

MOHAMMAD JAVED @ FAJUN @ FAIJAN S/O SALIMBHAI SHAIKHversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: S V PINTO

Holding

The Court condoned the 78‑day delay in filing the appeal as it was sufficiently explained.

Summary

Mohammad Javed filed an application seeking condonation of a 78‑day delay in filing Criminal Appeal No. 1008 of 2026 before the High Court of Gujarat. The State, represented by the Additional Public Prosecutor, waived service of the rule. The Court examined the explanations offered for the delay and found them satisfactory. Consequently, the Court held that the delay was sufficiently explained and should be condoned. The application was allowed, the delay was condoned, and the rule was made absolute.

Issues considered

Whether the 78‑day delay in preferring Criminal Appeal No. 1008 of 2026 can be condoned?

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujarat

Judgment

    R/CR.MA/868/2026                              ORDER DATED: 16/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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

                       In F/CRIMINAL APPEAL/1008/2026
==========================================================
   MOHAMMAD JAVED @ FAJUN @ FAIJAN S/O SALIMBHAI SHAIKH
                         Versus
                   STATE OF GUJARAT
==========================================================
Appearance:
Ms DIPIKA P BAJPAI(8365) for the Applicant(s) No. 1
MR.PRANAV DHAGAT, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                              Date : 16/01/2026

                               ORAL ORDER


      RULE. Learned Additional Public Prosecutor appears and

waives service of rule for and on behalf of the respondent-State.

      Heard learned advocate Ms. Dipika Bajpai appearing online

for the applicant and learned Additional Public Prosecutor Mr.

Pranav Dhagat for the respondent No. 1 – State.

      This application has been filed by the present applicant

seeking condonation of delay of 78 days, which had occurred in

preferring F/Criminal Appeal No. 1008 of 2026.

      Having heard learned advocates appearing for the parties,

and having gone through the averments made in this application as

well as those made out before this Court, delay of 78 days, which

had occurred in preferring F/Criminal Appeal No. 1008 of 2026

appears to have been sufficiently explained. Accordingly, the delay

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      R/CR.MA/868/2026                                                      ORDER DATED: 16/01/2026




of 104 days deserves to be condoned.

         Accordingly, the present application stands allowed and

disposed of. The delay of 78 days, which had occurred in preferring

F/Criminal Appeal No. 1008 of 2026 is hereby condoned. Rule is

made absolute.


                                                                                 (S. V. PINTO,J)
VISHAL MISHRA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VISHAL VISHNUPRASAD MISHRA(HC01088), STENO GR II, at High Court of Gujarat on 16/01/2026 15:52:33




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