CHAMPABEN SOMABHAI PATELversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- HEMANT M PRACHCHHAK
Holding
The court condoned the 36‑day delay and permitted the conversion of the revision application into a criminal appeal under Section 5 of the Limitation Act.
Summary
Champaben Somabhai Patel filed an application under Section 5 of the Limitation Act seeking condonation of a 36‑day delay in filing a criminal appeal. The delay arose because the original complainant had filed a criminal revision application, but the coordinate bench held that only an appeal was maintainable against the acquittal, prompting a conversion of the revision into an appeal. The court examined the facts and the reasons for the delay and decided to allow the application. Consequently, the 36‑day delay was condoned, and the application was disposed of. The order also clarified that the revision could be treated as an appeal in such circumstances.
Issues considered
- Whether a delay of 36 days in preferring a criminal appeal can be condoned under Section 5 of the Limitation Act.
- Whether a criminal revision application can be converted into a criminal appeal when the coordinate bench deems an appeal the proper remedy.
Legislation cited
- Limitation Acts. 5
Subjects
Judgment
R/CR.MA/10498/2026 ORDER DATED: 18/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
10498 of 2026
In F/CRIMINAL APPEAL/17368/2026
==========================================================
CHAMPABEN SOMABHAI PATEL
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS NISHI PATEL FOR MS SHIRALI M PATEL(11069) for the Applicant(s)
No. 1
MR NITIN T GANDHI(5620) for the Respondent(s) No. 2
MS JYOTI BHATT ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.
1
ROHANKUMAR M AMIN(8851) for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 18/08/2026
ORDER
The applicant has preferred present application under
Section 5 of the Limitation Act for condonation of delay of 36
days caused in preferring the main Criminal Appeal.
Heard learned counsel appearing for the respective
parties.
Considering the fact and circumstances of the case and
the averments made in the application, present application
requires to be allowed.
Further, on perusal of the record, it appears that the
original complainant had earlier preferred a Criminal Revision
Application before this Court. However, the Coordinate Bench
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R/CR.MA/10498/2026 ORDER DATED: 18/08/2026
of this Court was of the opinion that, instead of a Criminal
Revision Application, only an appeal would be maintainable
against the order of acquittal. Therefore, the applicant seeks
permission to convert the Criminal Revision Application into a
Criminal Appeal. In such circumstances, the delay was caused
in preferring present Criminal Appeal.
In view of the above facts, delay of 36 days caused in
preferring the Criminal Appeal is hereby condoned. The
application stands disposed of.
(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 18/08/2026 18:03:47
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