High Court of Gujarat

KALPESH @ KALU @ DAUD S/O NANJIBHAI RAMJIBHAI JETANIversusSTAET OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: S V PINTO

Holding

The court condoned the 119‑day delay and disposed of the application.

Summary

The applicant, Kalpesh @ Kalu @ Daud, filed a criminal miscellaneous application seeking condonation of a 119‑day delay in filing his criminal appeal against the State of Gujarat. The respondent State waived service of the rule. The court examined the explanations provided for the delay and found them satisfactory. Consequently, the court held that the delay should be condoned. The application was therefore disposed of and the rule was made absolute.

Issues considered

Whether a delay of 119 days in filing a criminal appeal can be condoned under procedural law

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujaratmiscellaneous application

Judgment

      R/CR.MA/5431/2026                                                      ORDER DATED: 06/03/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         5431 of 2026

                             In F/CRIMINAL APPEAL/6238/2026

==========================================================
       KALPESH @ KALU @ DAUD S/O NANJIBHAI RAMJIBHAI JETANI
                             Versus
                       STAET OF GUJARAT
==========================================================
Appearance:
MR ANIL H RATHOD(9691) for the Applicant(s) No. 1
MS. C.M SHAH, APP for the Respondent(s) No. 1
==========================================================

   CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                          Date : 06/03/2026

                                            ORAL ORDER

          Rule. Learned APP waives service of rule for and on
behalf of the respondent State.
          This is an application preferred by the applicant for
condonation of delay of 119 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 06/03/2026 15:31:30




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