High Court of Gujarat

RAMESHBHAI VITTHALBHAI BOSHIYAversusSTATE OF GUJARAT

Decided: 22 April 2026
Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: S V PINTO

Holding

The court condoned the 122‑day delay and made the rule absolute.

Summary

The petitioner filed a criminal miscellaneous application seeking condonation of a 122‑day delay in filing a criminal appeal. The respondent waived service of notice. The court examined the application and found that the delay was not wholly unexplained. Consequently, the court exercised its discretion to condone the delay. The rule was made absolute, allowing the appeal to proceed.

Issues considered

Whether a delay of 122 days in filing a criminal appeal can be condoned under procedural law

Subjects

condonation of delay
criminal appeal
procedural law
high court order

Judgment

      R/CR.MA/9313/2026                                                        ORDER DATED: 22/04/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
                     DELAY) NO. 9313 of 2026
               In F/CRIMINAL APPEAL/16247/2026

========================================================
                            RAMESHBHAI VITTHALBHAI BOSHIYA
                                        Versus
                               STATE OF GUJARAT & ANR.
========================================================
Appearance:
DARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 1
========================================================

   CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                           Date : 22/04/2026

                                             ORAL ORDER


1.                 Rule. Learned APP waives service of notice of rule for
the respondent o. 1 – State.

2.                 This is an application for condonation of delay of 122
days in filing the captioned criminal appeal.

3.                 Heard learned counsel for the parties.

4.                 Considering the contents of the application, it cannot
be said that the delay caused in filing the captioned criminal
appeal has remained totally unexplained. Therefore, the delay
caused in filing the captioned criminal appeal is condoned. Rule
is made absolute.


                                                                                          (S. V. PINTO,J)
F.S. KAZI


 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: KAZI FARUKHUSEN(HC01075), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 22/04/2026 17:50:45


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