High Court of Gujarat

ABDUL RAHEMAN SHABBIRKHAN PATHANversusSTATE OF GUJARAT

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

Holding

The delay is condoned as it is not totally unexplained.

Summary

The applicant filed a criminal miscellaneous application seeking condonation of a 51‑day delay in filing a criminal appeal against the State of Gujarat. The respondent waived service of notice. The court examined the application and found that the delay was not wholly unexplained. Consequently, the court held that the delay could be condoned. The rule was made absolute, allowing the appeal to proceed.

Issues considered

Whether the 51‑day delay in filing the criminal appeal can be condoned?

Subjects

condonation of delaycriminal appealprocedural lawhigh court order

Judgment

      R/CR.MA/3563/2026                                                         ORDER DATED: 12/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF
                     DELAY) NO. 3563 of 2026
                In F/CRIMINAL APPEAL/5852/2026

========================================================
                         ABDUL RAHEMAN SHABBIRKHAN PATHAN
                                        Versus
                                  STATE OF GUJARAT
========================================================
Appearance:
MR. AAMIR S PATHAN(7142) for the Applicant(s) No. 1
MR. KISHAN H DAIYA(6929) 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 51
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 16:13:58


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