High Court of Gujarat

ASLAMKHAN SALIMKHAN BHUSAVALAversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The court held that the 203‑day delay in preferring the restoration application is condoned.

Summary

The applicant, Aslamkhan Salimkhan Bhusavala, filed a criminal miscellaneous application seeking restoration of a case but delayed filing the restoration application by 203 days. The applicant moved the Gujarat High Court for condonation of this delay. The court heard arguments from counsel for both parties and examined the reasons for the delay. Finding that the applicant had established sufficient cause for the delay, the court held that the delay could be condoned. Consequently, the application for condonation was allowed and the delay was formally condoned.

Issues considered

Whether a delay of 203 days in filing a restoration application can be condoned under criminal procedure law

Subjects

condonation of delaycriminal miscellaneous applicationrestoration of casehigh court procedurecriminal law

Judgment

     R/CR.MA/4943/2026                                                            ORDER DATED: 06/03/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                            4943 of 2026
            In F/CRIMINAL MISC.APPLICATION/7086/2026
                  In R/CRIMINAL APPEAL/1574/2021
==========================================================
                          ASLAMKHAN SALIMKHAN BHUSAVALA
                                      Versus
                                STATE OF GUJARAT
==========================================================
Appearance:
NIYANT R BHIMANI(8000) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
          and
          HONOURABLE MR. JUSTICE R. T. VACHHANI
                       Date : 06/03/2026
                        ORAL ORDER
 (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.       By this application, the applicant has prayed for condonation of
delay of 203 days in preferring the restoration application i.e. Criminal
Misc. Application No.7086 of 2026.

2.       Having heard learned advocates for the respective parties and
considering the averments made in the application, the applicant has
established sufficient cause and therefore, delay of 203 days in preferring
the restoration application, deserves to be condoned and is hereby
condoned.

3.       Accordingly, present application is allowed in the above terms.



                                                                                         (ILESH J. VORA,J)




                                                                                      (R. T. VACHHANI, J)
Rakesh



 Original copy of this order has been signed by the Hon'ble Judges.
 Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 06/03/2026 13:23:59


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