High Court of Gujarat

TAPU @ RAMESHBHAI JIKABHAI BARAIYAversusSTATE OF GUJARAT

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

Holding

The court condoned the 336‑day delay in filing the criminal appeal.

Summary

The applicant, Tapu @ Rameshbhai Jikabhai Baraiya, filed an application seeking condonation of a 336‑day delay in preferring Criminal Appeal No. 911 of 2026 before the High Court of Gujarat. The State, represented by the Additional Public Prosecutor, 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 was sufficiently explained and could be condoned. The application was allowed, the delay was condoned, and the rule was made absolute.

Issues considered

Whether a delay of 336 days in filing a criminal appeal can be condoned under procedural law

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujaratrule made absolute

Judgment

    R/CR.MA/728/2026                             ORDER DATED: 15/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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

                       In F/CRIMINAL APPEAL/911/2026

==========================================================
                  TAPU @ RAMESHBHAI JIKABHAI BARAIYA
                                Versus
                          STATE OF GUJARAT
==========================================================
Appearance:
DR. HARDIK K RAVAL(6366) for the Applicant(s) No. 1
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                           Date : 15/01/2026

                             ORAL ORDER

      RULE. Learned Additional Public Prosecutor appears and

waives service of rule for and on behalf of the respondent-State.

      Heard learned advocate Dr. Hardik K Raval appearing for the

applicant and learned Additional Public Prosecutor Mr. Bhargav

Pandya for the respondent No. 1 – State.

      This application has been filed by the present applicant

seeking condonation of delay of 336 days, which had occurred in

preferring F/Criminal Appeal No. 911 of 2026.

      Having heard learned advocates appearing for the parties,

and having gone through the averments made in this application

as well as those made out before this Court, delay of 336 days,

which had occurred in preferring F/Criminal Appeal No. 911 of

                                  Page 1 of 2
        R/CR.MA/728/2026                                                      ORDER DATED: 15/01/2026




  2026 appears to have been sufficiently explained. Accordingly, the

  delay of 336 days deserves to be condoned.

           Accordingly, the present application stands allowed and

  disposed of. The delay of 336 days, which had occurred in

  preferring F/Criminal Appeal No. 911 of 2026 is hereby condoned.

  Rule is made absolute.


                                                                                   (S. V. PINTO,J)
  VVM
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VISHAL VISHNUPRASAD MISHRA(HC01088), STENO GR II, at High Court of Gujarat on 15/01/2026 14:50:06




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