High Court of Gujarat

JAYESHBHAI HARISHBHAI ARYAversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The court held that the six‑day delay is condonable as it is sufficiently explained.

Summary

The appellant, Jayeshbhai Harishbhai Arya, filed a criminal miscellaneous application seeking condonation of a six‑day delay in filing an application for restoration under Section 5 of the Limitation Act. The delay was contested by the State of Gujarat and the Additional Public Prosecutor. The court examined the explanations provided for the delay and the submissions of counsel. It found that the reasons for the delay were satisfactorily explained. Consequently, the court allowed the application for condonation of delay as per paragraph 9(A).

Issues considered

Whether a six‑day delay in filing the restoration application under Section 5 of the Limitation Act can be condoned.

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5restoration applicationcriminal miscellaneous application

Judgment

      R/CR.MA/10670/2026                                                                ORDER DATED: 09/06/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          10670 of 2026
          In F/CRIMINAL MISC.APPLICATION/18053/2026
                 In R/CRIMINAL APPEAL/66/2016
==========================================================
                                  JAYESHBHAI HARISHBHAI ARYA
                                             Versus
                                    STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR NILESH A PANDYA(549) for the Applicant(s) No. 1
MR ASHISH M DAGLI(2203) for the Respondent(s) No. 2
MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
                                                Date : 09/06/2026
                                                 ORAL ORDER


          Present application is preferred under Section 5 of
the Limitation Act for condonation of delay of 6 days
occurred in preferring the application for restoration.
          Considering the averments made in the application
and in view of the submission made by learned advocates
for the respective parties, the application requires to be
allowed, as the delay is sufficiently explained.
          In view of above, application stands allowed in terms
of paragraph No.9(A).


                                                                         (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 09/06/2026 18:00:29




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