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High Court of Gujarat

JIGAR MUKESHBHAI BRAHMBHATTversusSTATE OF GUJARAT

Decided
Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

The 104‑day delay in filing the criminal appeal is condoned.

Summary

The petitioner, Jigar Mukeshbhai Brahmbhatt, filed an application seeking condonation of a 104‑day delay in preferring Criminal Appeal No. 1177 of 2026 against the State of Gujarat. The Additional Public Prosecutor, on behalf of the State, waived service of the rule. Both parties appeared before Hon’ble Ms. Justice S.V. Pinto, and the court examined the explanations provided for the delay. The court found that the reasons for the delay were sufficiently explained. Consequently, the court held that the delay warranted condonation. The application was therefore allowed and the delay of 104 days was formally condoned.

Issues considered

  • Whether a delay of 104 days in filing a criminal appeal can be condoned under procedural law.

Subjects

  • condonation of delay
  • criminal appeal
  • procedural law
  • High Court of Gujarat
  • application

Judgment

    R/CR.MA/889/2026                              ORDER DATED: 16/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         889 of 2026
                       In F/CRIMINAL APPEAL/1177/2026

==========================================================
                       JIGAR MUKESHBHAI BRAHMBHATT
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
VASIMRAJA A KURESHI(8609) 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 Mr. Vasimraja A Kureshi 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 104 days, which had occurred in

preferring F/Criminal Appeal No. 1177 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 104 days, which

had occurred in preferring 104 days, which had occurred in


                                  Page 1 of 2
        R/CR.MA/889/2026                                                      ORDER DATED: 16/01/2026




 preferring F/Criminal Appeal No. 1177 of 2026 appears to have

 been sufficiently explained. Accordingly, the delay of 104 days

 deserves to be condoned.

           Accordingly, the present application stands allowed and

 disposed of. The delay of 104 days, which had occurred in

 preferring F/Criminal Appeal No. 1177 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 15:15:25




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