High Court of Gujarat

CHANDAN GHELABHAI RATHODversusSTATE OF GUJARAT

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

Holding

The application for condonation of delay is allowed, and the 76‑day delay is condoned.

Summary

The applicant filed a criminal miscellaneous application under Section 5 of the Limitation Act seeking condonation of a 76‑day delay in filing a criminal appeal. The respondent opposed the application, arguing it should not be granted. The court examined the facts and circumstances presented in the application. Considering the averments, the judge held that the delay could be condoned. Consequently, the application for condonation of delay was allowed, and the 76‑day delay was formally condoned.

Issues considered

Whether the delay of 76 days in filing the criminal appeal can be condoned under Section 5 of the Limitation Act

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5criminal appealHigh Court of Gujarat

Judgment

     R/CR.MA/20084/2025                                                                ORDER DATED: 12/06/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          20084 of 2025
                In F/CRIMINAL APPEAL/36611/2025
=========================================================
                                 CHANDAN GHELABHAI RATHOD
                                           Versus
                                  STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MASUDIQBAL H RATHOD(7919) for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 2
MR PV PATADIYA(5924) for the Respondent(s) No. 2
MS JIRGA JHAVERI APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
                                               Date : 12/06/2026
                                                ORAL ORDER

         Present application is filed under Section 5 of the
Limitation Act for condonation of delay of 76 days
occurred in filing the Criminal Appeal.
         Heard learned counsel appearing for the respective
parties.
         Mr. P.V. Patadiya, learned counsel has vehemently
opposed present application and submitted that present
application may not be granted.
         Considering the facts and circumstances of the case
and in view of the averments made in the application,
present application requires to be allowed. Accordingly
present application is hereby allowed. Delay of 76 days
occurred              in       filing          the         Criminal               Appeal              is      hereby
condoned.
                                                                        (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 12/06/2026 18:17:01




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