High Court of Gujarat

MAHESHWAR @KABIRAJ KAILASH PALTAversusSTATE OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: S V PINTO

Holding

The Court held that the 329‑day delay is condonable as it was sufficiently explained.

Summary

The applicant filed a miscellaneous application seeking condonation of a 329‑day delay in filing Criminal Appeal No. 587 of 2026 against the State of Gujarat. The Additional Public Prosecutor, representing the State, waived service of the rule. Both parties appeared before Justice S.V. Pinto, who examined the explanations provided for the delay. The Court found that the reasons for the delay were sufficiently explained and therefore justified condoning the delay. Consequently, the application was allowed, the delay was condoned, and the rule was made absolute.

Issues considered

Whether a delay of 329 days in preferring a criminal appeal can be condoned under procedural law

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujarat

Judgment

      R/CR.MA/2204/2026                                  ORDER DATED: 02/02/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
                DELAY) NO. 2204 of 2026

                          In F/CRIMINAL APPEAL/587/2026

==========================================================
                    MAHESHWAR @KABIRAJ KAILASH PALTA
                                 Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MR NEERAJ SONI(3433) for the Applicant(s) No. 1
MS. C.M.SHAH, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                 Date : 02/02/2026
                                  ORAL ORDER


        RULE. Learned Additional Public Prosecutor appears and

waives service of rule for and on behalf of the respondent-State.

        Heard learned advocate Mr. Niraj Soni appearing online for

the     applicant          and   learned    Additional   Public       Prosecutor

Ms.C.M.Shah for the respondent No. 1 – State.

        This application has been filed by the present applicant

seeking condonation of delay of 329 days, which had occurred in

preferring F/Criminal Appeal No. 587 of 2026.

        Having heard learned advocates appearing for the parties,

and having gone through the averments made in this application

as well as those made out before this Court, delay of 329 days,

which had occurred in preferring F/Criminal Appeal No. 587 of

                                      Page 1 of 2
        R/CR.MA/2204/2026                                                     ORDER DATED: 02/02/2026




  2026 appears to have been sufficiently explained. Accordingly, the

  delay of 329 days deserves to be condoned.

           Accordingly, the present application stands allowed and

  disposed of. The delay of 329 days, which had occurred in

  preferring            F/Criminal Appeal No. 587 of 2026 is hereby

  condoned. Rule is made absolute.


                                                                                   (S. V. PINTO,J)
  VVM
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VISHAL VISHNUPRASAD MISHRA(HC01088), STENO GR II, at High Court of Gujarat on 02/02/2026 16:22:48




                                                   Page 2 of 2

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "condonation of delay"Sign in to search