High Court of Gujarat

MEHULBHAI KISHORBHAI JOSHIversusKALPESHBHAI ROHITBHAI PATEL (J.K. PROPERTIES)

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The court held that the delay of 30 days in filing the criminal appeal is condoned.

Summary

The applicant filed a criminal miscellaneous application seeking condonation of a 30‑day delay in filing a criminal appeal. The respondent opposed, arguing that the applicant had not provided requisite details as required by precedent. The court examined the facts and the specific averments made in paragraph 3 of the application. Finding that the applicant had made out a sufficient case for condonation, the court allowed the application. Consequently, the 30‑day delay in filing the appeal was condoned and the rule was made absolute to that extent.

Issues considered

Whether the 30‑day delay in filing the criminal appeal can be condoned under the procedural law.

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujaratcriminal miscellaneous application

Judgment

   R/CR.MA/9095/2026                                  ORDER DATED: 14/07/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        9095 of 2026

                       In R/CRIMINAL APPEAL/611/2026
==========================================================
                MEHULBHAI KISHORBHAI JOSHI
                           Versus
     KALPESHBHAI ROHITBHAI PATEL (J.K. PROPERTIES) & ANR.
==========================================================
Appearance:
MR MILIND D PRAVASI(13183) for the Applicant(s) No. 1
MR PIYUSH C JADUGAR(3178) for the Applicant(s) No. 1
MR. KAMAL VAGHELA(15518) for the Applicant(s) No. 1
MEHUL A SURATI(7870) for the Respondent(s) No. 1
MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 2
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                              Date : 14/07/2026

                               ORAL ORDER
     Rule. Mr. Surati, learned counsel waives service of
notice of rule on behalf of respondent No.1 and Ms. Bhatt,
learned APP waives service of notice of rule on behalf of
respondent No.2.
     Present application is filed by the applicant seeking
condonation of delay of 30 days occurred in filing the Criminal
Appeal.
     Mr. Surati, learned counsel for respondent No. 1,
vehemently opposed the application and submitted that the
applicant has not statistically                 provided the details, as
observed by the Hon’ble Apex Court.




                                  Page 1 of 2
     R/CR.MA/9095/2026                                                                ORDER DATED: 14/07/2026




         Considering the facts of the case and the averments
made in the application, more particularly paragraph No. 3,
the applicant has made out a case for condonation of delay.
         In view of the above, the present application for
condonation of delay is hereby allowed. The delay of 30 days
occurred in filing the Criminal Appeal is hereby condoned.
Rule is made absolute to the aforesaid extent.


                                                                       (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI

  Original copy of this order has been signed by the Hon'ble Judge.
  Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/07/2026 17:36:37




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