High Court of Gujarat

KALPESHBHAI SURESHBHAI HARIJANversusSTATE OF GUJARAT

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

Holding

The court condoned the 13‑day delay and made the rule absolute.

Summary

The applicant, Kalpeshbhai Sureshbhai Harijan, filed an application before the Gujarat High Court seeking condonation of a 13‑day delay in filing a criminal appeal against the State of Gujarat. The applicant’s counsel waived service of notice on the respondent State. The court examined the content of the application and found that the delay was not wholly unexplained. Accordingly, the court held that the delay could be condoned. The rule was made absolute, thereby allowing the appeal to proceed.

Issues considered

Whether a delay of 13 days in filing a criminal appeal can be condoned under procedural law

Subjects

condonation of delaycriminal appealprocedural lawGujarat High Courtservice of notice waiver

Judgment

      R/CR.MA/3550/2026                                                        ORDER DATED: 12/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
                     DELAY) NO. 3550 of 2026
                In F/CRIMINAL APPEAL/5161/2026

========================================================
                            KALPESHBHAI SURESHBHAI HARIJAN
                                         Versus
                                STATE OF GUJARAT & ANR.
========================================================
Appearance:
VASIMRAJA A KURESHI(8609) 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 13
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 16:13:38



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