High Court of Gujarat

ASHVINBHAI BHIKHABHAI PATELversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The Court condoned the 129‑day delay and allowed the restoration application.

Summary

The petitioners, Ashvinbhai Bhikhabhai Patel and another, filed a criminal miscellaneous application seeking condonation of a 129‑day delay in filing a restoration application. They contended that the delay was due to genuine and bona fide reasons, specifically the time taken to procure necessary documents, and that there was no culpable negligence or laches on their part. The respondents, the State of Gujarat and another, were served notice but did not oppose the condonation. The Court examined the submissions and relied on the precedent set in N. Balkrishnan v. M. Krishnamurthy (AIR 1998 SC 3222) regarding condonation of delay. Finding the reasons satisfactory and no prejudice to the respondents, the Court condoned the delay and allowed the application, making the rule absolute.

Issues considered

Whether a delay of 129 days in preferring a criminal miscellaneous restoration application can be condoned under established jurisprudence.

Subjects

condonation of delaycriminal miscellaneous applicationrestorationprocedural lawhigh court order

Judgment

     R/CR.MA/5431/2025                           ORDER DATED: 10/04/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                           5431 of 2025
            In F/CRIMINAL MISC.APPLICATION/9981/2025
          In R/SPECIAL CRIMINAL APPLICATION/6616/2021
==========================================================
                    ASHVINBHAI BHIKHABHAI PATEL & ANR.
                                  Versus
                         STATE OF GUJARAT & ANR.
==========================================================
Appearance:
DR.ABHISST K THAKER(7010) for the Applicant(s) No. 1
MR ABHISHEK H AHUJA(12135) for the Applicant(s) No. 2
MR. HEMANG S TRIVEDI(10045) for the Applicant(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 10/04/2026

                               ORAL ORDER

1.     The present application is filed for condonation of delay of

129 days caused in preferring Criminal Misc. Application

(restoration) application.


2.     It is submitted that the delay has been caused on account

of genuine and bona fide reasons, and there is no culpable

negligence or laches on the part of the applicants. It is further

submitted that the applicants were in the process of procuring

the necessary documents, and due to this reason, the delay has

occurred. Hence, the delay be condoned and the present

application be allowed.




                                 Page 1 of 2
       R/CR.MA/5431/2025                                                ORDER DATED: 10/04/2026




 3.       Considering the averments made in the application as well

 as the law laid down in the decision of N. Balkrishnan Vs. M.

 Krishnamurthy, reported in AIR 1998 SC 3222, present

 application is allowed and delay of 129 days caused in preferring

 restoration application is condoned. Rule is made absolute.




                                                                   (HASMUKH D. SUTHAR,J)
 KUMAR ALOK

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 10/04/2026 15:03:44




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