High Court of Gujarat

STATE OF GUJARATversusDIPAKBHAI SUMANBHJAI DESAI

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: S V PINTO

Holding

The delay of 54 days is condoned.

Summary

The State of Gujarat filed a criminal appeal but delayed filing it by 54 days. The State then moved an application under Order 54 of the Criminal Procedure Code seeking condonation of this delay. The respondent’s counsel waived service of the rule. The court examined the explanations provided for the delay and found them satisfactory. Consequently, the court condoned the 54‑day delay and disposed of the criminal miscellaneous application. The order was signed by Justice S.V. Pinto.

Issues considered

Whether the 54‑day delay in filing the criminal appeal can be condoned under the provisions governing condonation of delay.

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujarat

Judgment

        R/CR.MA/5424/2026                                                     ORDER DATED: 23/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          5424 of 2026

                              In F/CRIMINAL APPEAL/6851/2026

 ==========================================================
                                     STATE OF GUJARAT
                                           Versus
                                DIPAKBHAI SUMANBHJAI DESAI
 ==========================================================
 Appearance:
 MR. ADITYA JADEJA, APP for the Applicant(s) No. 1
 VISHAL K ANANDJIWALA(7798) for the Respondent(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                            Date : 23/04/2026

                                              ORAL ORDER

           Rule. Learned advocate Mr. Vishal Anandjiwala waives
 service of rule for and on behalf of the respondent.
           This is an application preferred by the State for
 condonation of delay of 54 days occurred in filing the
 aforesaid Criminal Appeal.
           Heard learned Counsel for the respective parties.
 Considering the averments made in the application, it
 appears that the delay is sufficiently explained. Therefore,
 delay deserves to be condoned. Accordingly, delay is
 condoned. The Criminal Misc. Application stands disposed
 of. Rule is made absolute.



                                                                                         (S. V. PINTO,J)
 VASIM S. SAIYED


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VASIM SHABBIR SAIYED(HC01902), PRIVATE SECRETARY, at High Court of Gujarat on 23/04/2026 17:00:46




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