High Court of Gujarat

ARJUNBHAI SOMABHAI NAYAKversusSTATE OF GUJARAT

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

Holding

The court held that the 89‑day delay is condoned under Section 374(2) of the CrPC.

Summary

The applicant, Arjunbhai Somabhai Nayak, filed an application seeking condonation of an 89‑day delay in filing a criminal appeal under Section 374(2) of the Code of Criminal Procedure. The respondent, the State of Gujarat, opposed the condonation. Both parties were represented by counsel, and the court examined the reasons for the delay. Finding that the applicant had established sufficient cause, the court exercised its discretion to condone the delay. Consequently, the application was allowed and the registry was directed to admit the pending criminal appeal.

Issues considered

Whether an 89‑day delay in preferring a criminal appeal under Section 374(2) CrPC can be condoned.

Legislation cited

Code of Criminal Procedures. 374(2)

Subjects

condonation of delaycriminal appealSection 374(2) CrPCprocedural lawHigh Court

Judgment

      R/CR.MA/5408/2026                                                            ORDER DATED: 06/03/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                           5408 of 2026
                 In F/CRIMINAL APPEAL/9005/2026
==========================================================
                                 ARJUNBHAI SOMABHAI NAYAK
                                           Versus
                                     STATE OF GUJARAT
==========================================================
Appearance:
MS. MAYURI P CHAUHAN(7069) 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.       Leave to amend. The necessary amendment to be carried out
forthwith.

2.       By this application, the applicant has prayed for condonation of
delay of 89 days in preferring the main Criminal Appeal under Section
374(2) of the Code of Criminal Procedure.

3.       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 89 days in preferring
the main Criminal Appeal, deserves to be condoned and is hereby
condoned. Accordingly, present application is allowed in the above
terms.

4.       Registry is directed to notify the main Criminal Appeal for
admission.

                                                                                          (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 13:22:20
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