ANILKUMAR DHANJIBHAI MAKWANAversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court held that sufficient cause was made out and therefore the 150‑day delay in filing the criminal appeal was condoned.
Summary
The petitioner, Anilkumar Dhanjibhai Makwana, filed an application seeking condonation of a 150‑day delay in filing Criminal Appeal No. 17127 of 2026. The respondent, State of Gujarat, opposed the application, arguing that the delay was not properly explained. The Court examined the submissions of both counsel and the averments in the application. Finding that sufficient cause for the delay was established, the Court exercised its discretion to condone the delay. Consequently, the delay in filing the appeal was condoned and the application was disposed of.
Issues considered
- Whether a delay of 150 days in filing a criminal appeal can be condoned under the procedural law.
Subjects
Judgment
R/CR.MA/10065/2026 ORDER DATED: 14/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
10065 of 2026
In F/CRIMINAL APPEAL/17127/2026
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ANILKUMAR DHANJIBHAI MAKWANA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MRS REKHA H KAPADIA(2246) for the Applicant(s) No. 1
MR. CHINMAY S. UPADHYAY(13886) for the Respondent(s) No. 2
MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 14/08/2026
ORAL ORDER
1. The application is led by the applicant to condone the
delay of 150 days occurred in ling of the Criminal Appeal
no.17127 of 2026.
2. Mr. Chinmay Upadhyay, learned counsel for the respondent
– accused has vehmently opposed the application and submitted
that the delay has not been properly explained in the application.
3. Considering the submissions canvassed by the learned
counsel for the respective parties and the averments made in
the application, this Court nds that su'cient cause is made out
to condone the delay.
4. In view of the above, the delay occurred in ling of the
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R/CR.MA/10065/2026 ORDER DATED: 14/08/2026
Criminal Appeal no.17127 of 2026 is hereby condoned.
5. The present application stands disposed of accordingly.
(HEMANT M. PRACHCHHAK,J)
ANUSRI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 14/08/2026 15:11:16
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