High Court of Gujarat

VARSHABEN W/O HEMANTBHAI KANTILAL SURATIversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The delay of 214 days is condoned under Section 5 of the Limitation Act.

Summary

The petitioner Varshaben filed a criminal appeal and subsequently sought condonation of a 214‑day delay in filing the appeal under Section 5 of the Limitation Act. The High Court heard arguments from counsel for both the petitioner and the respondents. The court examined the reasons for the delay and found that the petitioner had shown sufficient cause. Relying on the Supreme Court’s decision in Collector, Land Acquisition, Anantnag v. Mst. Katiji (AIR 1987 SC 1353), the court held that the delay could be condoned. Consequently, the application for condonation was allowed, and the appeal may proceed.

Issues considered

Whether a delay of 214 days in filing a criminal appeal can be condoned under Section 5 of the Limitation Act

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5criminal appealprocedural lawHigh Court of Gujarat

Judgment

     R/CR.MA/23550/2025                                   ORDER DATED: 02/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        23550 of 2025

                          In F/CRIMINAL APPEAL/43713/2025

==========================================================
              VARSHABEN W/O HEMANTBHAI KANTILAL SURATI
                               Versus
                      STATE OF GUJARAT & ORS.
==========================================================
Appearance:
SAHIL Y PATEL(8985) for the Applicant(s) No. 1
TAHIR M KHAN(8984) for the Applicant(s) No. 1
MS VINITA SOTANI for MR NV GANDHI(1693) for the Respondent(s) No. 5,6
MR PUSHPADATTA VYAS(1296) for the Respondent(s) No. 2,3,4
MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                  Date : 02/04/2026

                                    ORAL ORDER


1.              This is an application under Section 5 of the

Limitation Act for condonation of delay of 214 days in filing

the appeal.



2.              Heard learned advocate/s.



3.              Considering the averments made in this application

and also considering the submissions made by the learned

advocate/s       for      the   respective    parties,   delay   needs      to      be

condoned, as the applicant/s has shown sufficient cause to

condone       the delay, keeping             in mind the decision of the

Hon’ble Apex Court in the case of Collector, Land Acquisition,



                                      Page 1 of 2
       R/CR.MA/23550/2025                                                                ORDER DATED: 02/04/2026




Anantnag v. Mst. Katiji reported in AIR 1987 SC 1353.



4.                    In       view          of       above,           delay          is      condoned.               This

application is allowed accordingly.


                                                                                     (SANJEEV J.THAKER,J)
M.H. DAVE/25

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 02/04/2026 15:03:58




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