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High Court of Gujarat

MUJAWAR GULAMNABI MOHAMAD. ARISversusSTATE OF GUJARAT

Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The Court held that sufficient cause was shown and therefore the 362‑day delay in filing the appeal was condoned.

Summary

The applicant filed an application seeking condonation of a 362‑day delay in filing Criminal Appeal No. 39993 of 2025. The respondents, who are the accused, opposed the application, contending that the delay was not properly explained. The Court examined the explanations provided in the application (paragraphs 3‑5) and considered the submissions of counsel. Finding that sufficient cause for the delay was demonstrated, the Court exercised its discretion to condone the delay. Consequently, the delay in filing the appeal was condoned and the application was disposed of.

Issues considered

  • Whether a delay of 362 days in filing a criminal appeal can be condoned under the provisions of the Criminal Procedure Code.

Legislation cited

Subjects

condonation of delaycriminal appealCriminal Procedure CodeSection 5(2)procedural lawHigh Court of Gujarat

Judgment

     R/CR.MA/23535/2025                               ORDER DATED: 17/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         23535 of 2025
               In F/CRIMINAL APPEAL/39993/2025

==========================================================
                    MUJAWAR GULAMNABI MOHAMAD. ARIS
                                 Versus
                        STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS N M ZAVERI(13091) for the Applicant(s) No. 1
MR. SOEB R. BHOHARIA(2205) for the Respondent(s) No. 4,5,6,7,8
MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
VALIMOHAMMED PATHAN(6383) for the Respondent(s) No. 4,5,6,7,8
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 17/08/2026

                              ORAL ORDER


1.      The application is    led by the applicant to condone the
delay of 362 days occurred in              ling of the Criminal Appeal
no.39993 of 2025.


2.      Mr. Soeb Bhoharia, learned counsel for the respondents –
accused has opposed the application and submitted that the
delay has not been properly explained in the application.


3.      Considering the submissions canvassed by the learned
counsel for the respective parties and the averments made in
the application, more particularly, the explanation given in
paragraphs 3, 4 and 5, this Court              nds that su)cient cause is
made out to condone the delay.




                                 Page 1 of 2
     R/CR.MA/23535/2025                                                    ORDER DATED: 17/08/2026




4.       In view of the above, the delay occurred in                                     ling of the
Criminal Appeal no.39993 of 2025 is hereby condoned.


5.       The present application stands disposed of accordingly.



                                                              (HEMANT M. PRACHCHHAK,J)
ANUSRI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 17/08/2026 18:47:32




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