KIRANBEN MAHENDRABHAI MAKWANAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The Court condoned the 62‑day delay and allowed the application for condonation of delay.
Summary
The applicant, Kiranben Mahendrabhai Makwana, filed a criminal miscellaneous application seeking condonation of a 62‑day delay in filing a criminal appeal against an order of acquittal. The appeal was filed beyond the period prescribed under the Code of Criminal Procedure. The applicant’s counsel argued that the delay was explained in detail in the application. No counsel appeared on behalf of the original accused respondents. The Court, after considering the explanation for the delay, allowed the application and condoned the 62‑day delay, making the rule absolute.
Issues considered
- Whether a delay of 62 days in preferring a criminal appeal against an acquittal can be condoned by the High Court.
Subjects
Judgment
R/CR.MA/10894/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
10894 of 2026
In F/CRIMINAL APPEAL/19200/2026
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KIRANBEN MAHENDRABHAI MAKWANA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS URMILA N DESAI(5609) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 17/08/2026
ORDER
1. RULE. Learned APP waives service of notice of Rule for
respondent No.1 – State of Gujarat.
2. Present application is :led by the applicant for condonation of
delay of 62 days caused in preferring Criminal Appeal against the
judgment and order of acquittal.
3. Heard learned counsel for the applicant and learned APP for the
respondent - State.
Though served, none has remained present on behalf of the
respondent Nos.2 and 3 – original accused.
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R/CR.MA/10894/2026 ORDER DATED: 17/08/2026
4. Considering the averments made in the application, more
particularly in paragraph 3, giving elaborate explanation for delay
caused in preferring the appeal, present application is hereby allowed.
The delay of 62 days is hereby condoned. Rule is made absolute.
(HEMANT M. PRACHCHHAK,J)
Dolly
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 17/08/2026 17:22:11
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