High Court of Gujarat

MAHAVIRKUMAR HARAKHCHAND JAINversusSTATE OF GUJARAT

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

Holding

The 53‑day delay in filing the appeal is condoned under Section 5 of the Limitation Act.

Summary

The applicant filed a criminal miscellaneous application under Section 5 of the Limitation Act seeking condonation of a 53‑day delay in filing an appeal/leave to appeal. The respondent No. 1 waived service of notice, while respondent No. 2 chose not to appear. The court examined the facts and circumstances presented in the application. Considering the averments, the court held that the delay could be condoned. Consequently, the application was allowed, the 53‑day delay was condoned, and the rule was made absolute.

Issues considered

Whether a delay of 53 days in filing an appeal/leave to appeal can be condoned under Section 5 of the Limitation Act

Legislation cited

Limitation Act, 1963s. 5

Subjects

condonation of delayLimitation ActSection 5appealservice of noticeHigh Court of Gujarat

Judgment

     R/CR.MA/17106/2025                                                                ORDER DATED: 09/07/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                           17106 of 2025
           In F/CRIMINAL MISC.APPLICATION/32349/2025
                 In F/CRIMINAL APPEAL/32351/2025
==========================================================
                           MAHAVIRKUMAR HARAKHCHAND JAIN
                                        Versus
                               STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR NIKHILESH J SHAH(3007) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
NOTICE THROUGH SPEED POST UNSERVED for the Respondent(s) No. 2
MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
                                               Date : 09/07/2026
                                                ORAL ORDER

         Rule. Learned APP waives service of notice of rule on
behalf of respondent No.1. Though notice served, respondent
No.2 has chosen not to remain present before this Court.
         Present application is filed under Section 5 of the
Limitation Act for condonation of delay of 53 days occurred in
filing the Appeal/Leave to appeal.
         Heard learned counsel appearing for the respective
parties.
         Considering the facts and circumstances of the case and
in view of the averments made in the application, present
application is hereby allowed. The delay of 53 days occurred
in filing the Appeal/Leave to Appeal is hereby condoned. Rule
is made absolute.

                                                                        (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 10/07/2026 11:24:44




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