High Court of Gujarat

DAXESH CHANDRAKANT SHAHversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The five‑day delay in filing the appeal is condoned under Section 5 of the Limitation Act.

Summary

The petitioner, Daxesh Chandrakant Shah, filed a criminal miscellaneous application under Section 5 of the Limitation Act seeking condonation of a five‑day delay in filing an appeal. The State of Gujarat opposed the condonation. The court examined the facts and the averments made in the application. Considering the circumstances, the court held that the delay was condonable. Accordingly, the application was allowed and the five‑day delay was condoned. The order was pronounced by Justice Hemant M. Prachchak of the High Court of Gujarat.

Issues considered

Whether a delay of five days in filing an appeal can be condoned under Section 5 of the Limitation Act

Legislation cited

Limitation Act, 1963s. 5

Subjects

condonation of delayLimitation ActSection 5appeal filingHigh Court of Gujaratcriminal miscellaneous applicationdelay condonation

Judgment

      R/CR.MA/4925/2026                                                                ORDER DATED: 12/06/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                           4925 of 2026
           In R/CRIMINAL MISC.APPLICATION/13391/2026
                 In R/CRIMINAL APPEAL/1323/2026

==========================================================
                                  DAXESH CHANDRAKANT SHAH
                                            Versus
                                   STATE OF GUJARAT & ANR.
==========================================================
Appearance:
DR. HIREN S SOMAIYA(8031) for the Applicant(s) No. 1
MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
                                                Date : 12/06/2026
                                                 ORAL ORDER

1. The present application is filed under Section 5 of the
Limitation Act for condonation of delay of 5 days occurred
in filing the appeal.

2. Considering the facts and circumstances of the case
and the averments made in the application, present
application requires to be allowed. Hence, the delay of 5
days occurred in filing the appeal is hereby condoned.

3. The present application stands allowed in terms of
paragraph No.8(B).

                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 15/06/2026 17:38:58




                                                       Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "condonation of delay"Sign in to search