High Court of Gujarat

RAKESHBHAI KALIYABHAI BARIAversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: S V PINTO

Holding

The Court condoned the 31‑day delay in preferring the criminal appeal.

Summary

The applicant, Rakeshbhai Kaliyabhai Baria, filed an application seeking condonation of a 31‑day delay in filing Criminal Appeal No. 46949 of 2025 against the State of Gujarat. The Additional Public Prosecutor, on behalf of the State, waived service of the rule. The Court examined the explanations provided for the delay and found them satisfactory. Consequently, the Court held that the delay was sufficiently explained and should be condoned. The application was allowed, the delay was condoned, and the rule was made absolute.

Issues considered

Whether the 31‑day delay in preferring the criminal appeal can be condoned?

Subjects

condonation of delaycriminal appealprocedural lawHigh CourtCriminal Procedure

Judgment

   R/CR.MA/27853/2025                               ORDER DATED: 05/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        27853 of 2025

                        In F/CRIMINAL APPEAL/46949/2025

==========================================================
                        RAKESHBHAI KALIYABHAI BARIA
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR UM SHASTRI(830) 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 : 05/01/2026
                              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. U.M.Shastri appearing 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 31 days, which had occurred in

preferring F/Criminal Appeal No. 46949 of 2025.

      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 31 days, which

had occurred in preferring F/Criminal Appeal No. 46949 of 2025



                                    Page 1 of 2
       R/CR.MA/27853/2025                                                     ORDER DATED: 05/01/2026




 appears to have been sufficiently explained. Accordingly, the delay

 of 31 days deserves to be condoned.

          Accordingly, the present application stands allowed and

 disposed of. The delay of 31 days, which had occurred in preferring

 F/Criminal Appeal No. 46949 of 2025 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 05/01/2026 16:33:20




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