High Court of Gujarat

MAKSUDMIYA MOHAMADMIYA SHAIKHversusSTATE OF GUJARAT

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

Holding

The Court held that the delay is condonable as it is not totally unexplained.

Summary

The petitioner, Maksudmiya Mohadmiya Shaikh, filed an application seeking condonation of a 143‑day delay in filing a criminal appeal against the State of Gujarat. The respondent, the State, waived service of notice. The Court examined whether the delay was satisfactorily explained. It found that the delay was not wholly unexplained and therefore could be condoned. Consequently, the Court granted the application and made the rule absolute, allowing the appeal to proceed.

Issues considered

Whether a delay of 143 days in filing a criminal appeal can be condoned under procedural law

Subjects

condonation of delaycriminal appealprocedural lawhigh court order

Judgment

      R/CR.MA/3346/2026                                                        ORDER DATED: 12/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
                    DELAY) NO. 3346 of 2026

                           In F/CRIMINAL APPEAL/5829/2026

========================================================
                         MAKSUDMIYA MOHAMADMIYA SHAIKH
                                      Versus
                                STATE OF GUJARAT
========================================================
Appearance:
MR ANIK EJAZ SHAIKH(10873) 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 : 12/02/2026
                                           ORAL ORDER


                   Rule. Learned APP waives service of notice of rule for
the respondent – State.

                   This is an application for condonation of delay of 143
days in filing the captioned criminal appeal.

                   Heard learned counsel for the parties.

                   Considering the contents of the application, it cannot
be said that the delay caused in filing the captioned criminal
appeal has remained totally unexplained. Therefore, the delay
caused in filing the captioned criminal appeal is condoned. Rule
is made absolute.



                                                                                         (S. V. PINTO,J)
F.S. KAZI


 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: KAZI FARUKHUSEN(HC01075), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/02/2026 16:15:01

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