High Court of Gujarat

GAJENDRASINH MOHANSINH PANJROLIYAversusHASMUKHBHAI BHAGAVANBHAI PATEL

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: HEMANT M PRACHCHHAK

Holding

The court condoned the six‑day delay and allowed the appeal to be filed.

Summary

Gajendrasinh Mohansinh Panjrolia filed a criminal appeal against a judgment of acquittal but missed the prescribed time limit by six days. He applied to the Gujarat High Court for condonation of this delay. The State of Gujarat, represented by an additional public prosecutor, opposed the application, while the original accused (respondents 1 and 2) did not appear. The court examined the explanations provided for the delay and, finding them satisfactory, allowed the condonation. Consequently, the six‑day delay was condoned and the rule was made absolute, permitting the appeal to proceed.

Issues considered

Whether a delay of six days in preferring a criminal appeal can be condoned under the provisions of the Criminal Procedure Code

Subjects

condonation of delaycriminal appealCriminal Procedure CodeSection 374High Courtacquittal

Judgment

     R/CR.MA/14042/2026                           ORDER DATED: 17/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        14042 of 2026
              In F/CRIMINAL APPEAL/14383/2026

==================================================
                     GAJENDRASINH MOHANSINH PANJROLIYA
                                   Versus
                   HASMUKHBHAI BHAGAVANBHAI PATEL & ORS.
==================================================
Appearance:
M S PADALIYA(7406) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2
MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 3
==================================================

     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.3 – State of Gujarat.



2.      Present application is 8led by the applicant for condonation of

delay of 6 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.1 and 2 – original accused.


                                  Page 1 of 2
             R/CR.MA/14042/2026                                                        ORDER DATED: 17/08/2026




     4.         Considering the averments made in the application, more

     particularly in paragraphs 3 and 4, giving elaborate explanation for

     delay caused in preferring the appeal, present application is hereby

     allowed. The delay of 6 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 17:23:23




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