High Court of Gujarat

BHARATSINH JORUBHA GOHILversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: HEMANT M PRACHCHHAK

Holding

The delay of 61 days is condoned as the applicant has shown sufficient cause.

Summary

Bharatsinh Jorubha Gohil filed a criminal miscellaneous application seeking condonation of a 61‑day delay in filing an application for restoration of his appeal. The applicant explained that his wife's cancer treatment prevented him from filing within the prescribed time. The Additional Public Prosecutor waived service of notice on behalf of the State of Gujarat. The court, after hearing counsel, found that the applicant had shown sufficient cause for the delay. Consequently, the court condoned the delay and made the rule absolute, allowing the application.

Issues considered

Whether a delay of 61 days in filing an application for restoration can be condoned under the principles of sufficient cause.

Subjects

condonation of delaycriminal procedurerestoration of appealsufficient causehealth emergency

Judgment

      R/CR.MA/10241/2026                           ORDER DATED: 16/06/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
                   DELAY) NO. 10241 of 2026
                              In
           R/CRIMINAL MISC.APPLICATION/13633/2026
                              In
           F/CRIMINAL MISC.APPLICATION/47115/2025
                              In
           F/CRIMINAL MISC.APPLICATION/47116/2025
                              In
                 F/CRIMINAL APPEAL/47117/2025

==========================================
                  BHARATSINH JORUBHA GOHIL
                              Versus
                    STATE OF GUJARAT & ANR.
==========================================
Appearance:
ANURAG R RATHOR(9315) for the Applicant(s) No. 1
MS JYOTI BHATT APP for the Respondent(s) No. 1
==========================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                            Date : 16/06/2026

                              ORAL ORDER

[1]      RULE. Learned Additional Public Prosecutor waives service of
notice of rule on behalf of the respondent – State of Gujarat.


[2]      This application has been preferred by the applicant with a
prayer to condone the delay of 61 days which has occurred in filing
the application for restoration.


[3]      Heard learned counsel appearing for the respective parties.



                                   Page 1 of 2
         R/CR.MA/10241/2026                                                                 ORDER DATED: 16/06/2026




   [4]        Having considered the submissions made by learned counsel for
   the respective parties and considered the averments made in the
   application explaining the delay occurred in preferring the application
   that the wife of the applicant was suffering from cancer and during
   the course of treatment and surrounding circumstances, the applicant
   is unable to prefer appeal within reasonable time, this Court is of the
   view that sufficient cause has been shown by the applicant for
   condonation of the delay.


   [5]        Accordingly, the application is allowed. The delay occurred in
   filing the application for restoration is condoned. Rule is made
   absolute accordingly.


                                                                        (HEMANT M. PRACHCHHAK,J)
   V.R. PANCHAL


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/06/2026 17:22:53




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