High Court of Gujarat

KAJALBEN W/O HITESHBHAI HAMIRBHAI MUCHADIYA D/O DEVJIBHAI VAGHELAversusSTATE OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: GITA GOPI

Holding

The Court condoned the 13‑day delay and allowed the criminal appeal to be filed.

Summary

Kajalben, the wife of Hiteshbhai Muchadiya, sought to appeal a conviction under Section 135 of the Indian Electricity Act, 2003, which imposed three years' simple imprisonment and a fine of Rs.40,000, already paid. The appeal was filed 13 days beyond the prescribed period because the applicant, a lady, needed time to arrange funds and collect case papers. The State, represented by counsel, argued that the delay was not sufficiently explained. The Court considered the applicant's circumstances and the necessity of hearing the appeal on its merits, and found the explanation satisfactory. Consequently, the Court condoned the 13‑day delay and ordered the appeal to be taken on file. The rule was made absolute.

Issues considered

Whether a delay of 13 days in filing a criminal appeal can be condoned under procedural law
Whether the applicant's explanation for the delay is sufficient to justify condonation

Legislation cited

Electricity Act, 2003s. 135

Subjects

condonation of delaycriminal appealSection 135Indian Electricity Actprocedural lawfine payment

Judgment

     R/CR.MA/3440/2026                              ORDER DATED: 24/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        3440 of 2026

                         In F/CRIMINAL APPEAL/2719/2026

==========================================================
 KAJALBEN W/O HITESHBHAI HAMIRBHAI MUCHADIYA D/O DEVJIBHAI
                         VAGHELA
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR YOGESHKUMAR A RATANPARA(7260) for the Applicant(s) No. 1
MR. ADITYA JADEJA, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                Date : 24/02/2026

                                 ORAL ORDER


1.              Rule. Learned APP waives service of rule for and

on behalf of the respondent State.


2.              Learned advocate Mr. Yogeshkumar Ratanpara

for the applicant submits that prayer has been made for

condoning the delay of 13 days for filing the Criminal Appeal

challenging the judgment and order of sentence dated

07.11.2025 by Special Electricity Judge, District & Sessions

Court, Junagadh in Special (Electricity) Case No. 18/2024.

Learned advocate Mr. Yogeshkumar Ratanpara submitted

that the conviction under Section 135 of the Indian

Electricity Act, 2003 is for three years simple imprisonment


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     R/CR.MA/3440/2026                                     ORDER DATED: 24/02/2026




and the order of fine is of Rs.40,000/- referring to the

receipt issued by the concerned Court, Learned advocate

Mr. Yogeshkumar Ratanpara stated that the amount of fine

of Rs.40,000/- has already been paid.


3.     Learned advocate Mr. Yogeshkumar Ratanpara further

submitted that the applicant is a lady who had to make

arrangements for the funds for filing the appeal and the

delay has occurred as she was also making arrangements

for collecting case papers for filing of appeal and that has

led to delay of 13 days.


4.              Learned APP Mr. Aditya Jadeja stated that the

delay of 13 days has not been sufficiently explained by the

applicant and submitted to reject the application.


5.              The      applicant    lady         wants   to   challenge            the

judgment of conviction and sentence under Section 135 of

the Indian Electricity Act, 2003 and the fine amount of

Rs.40,000/- has already been deposited and as per learned

advocate, the applicant was making arrangements for the

funds and hence, the delay appears to have occurred since,

                                     Page 2 of 3
       R/CR.MA/3440/2026                                                   ORDER DATED: 24/02/2026




 she was not in a position to immediately approach the

 advocate for handling the appeal. Considering the reason

 assigned and the fact that the appeal would be required to

 be heard on merits, the delay of 13 days is condoned.


 6.                Registry is directed to take the Criminal Appeal

 on file, numbering it in the Registry. Rule is made absolute.




                                                                                       (GITA GOPI,J)
 ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 24/02/2026 15:35:31




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