High Court of Gujarat

PARTH GANESH MANDALIYAversusSTATE OF GUJARAT

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

Holding

The Court held that the delay is sufficiently explained and therefore condoned.

Summary

The applicant, Parth Ganesh Mandaliya, filed a criminal appeal against the State of Gujarat but delayed filing the appeal by 23 days. He filed a criminal miscellaneous application seeking condonation of this delay. The respondent State did not contest service of the rule. The Court examined the explanation provided for the delay and found it satisfactory. Consequently, the Court condoned the 23‑day delay, disposed of the miscellaneous application, and made the rule absolute.

Issues considered

Whether the 23‑day delay in filing the criminal appeal can be condoned?

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujaratmiscellaneous application

Judgment

       R/CR.MA/5910/2026                                                     ORDER DATED: 12/03/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          5910 of 2026

                              In F/CRIMINAL APPEAL/9848/2026

 ==========================================================
                                 PARTH GANESH MANDALIYA
                                          Versus
                                    STATE OF GUJARAT
 ==========================================================
 Appearance:
 RONITH JOY(9560) 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 : 12/03/2026

                                             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 23 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 12/03/2026 13:52:12




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