High Court of Gujarat

AKHTARALI S/O MAHEBOOBMIYA ABBASMIYA SAIYEDversusSTATE OF GUJARAT

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

Holding

The Court condoned the 201‑day delay in filing the criminal appeal.

Summary

The applicant, Akhtarali, filed a criminal appeal against the State of Gujarat more than 201 days after the prescribed period and sought condonation of the delay. The respondent State, through its counsel, waived service of the rule. The High Court examined the explanations provided in the condonation application. Finding that the delay was sufficiently explained, the Court held that the delay warranted condonation. Consequently, the Court ordered that the delay be condoned and disposed of the criminal miscellaneous application, making the rule absolute.

Issues considered

Whether a delay of 201 days in filing a criminal appeal can be condoned under procedural law.

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujaratcourt order

Judgment

      R/CR.MA/9392/2026                                                   ORDER DATED: 23/04/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                           9392 of 2026
                In F/CRIMINAL APPEAL/16878/2026
==========================================================
             AKHTARALI S/O MAHEBOOBMIYA ABBASMIYA SAIYED
                                 Versus
                        STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. JUBER I. DESAI(19171) for the Applicant(s) No. 1
MR. ADITYA JADEJA, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                         Date : 23/04/2026
                                          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 201 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)
ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 23/04/2026 18:21:35

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