High Court of Gujarat

BHARATBHAI MANCHABHAI DEVIPUJAKversusSTATE OF GUJARAT

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

Holding

The Court held that the 71‑day delay in filing the appeal was sufficiently explained and therefore should be condoned.

Summary

The applicant filed a criminal appeal 71 days after the prescribed period and sought condonation of the delay. The respondent State waived service of the rule. The Court examined the explanations provided in the application and found them satisfactory. Consequently, the Court held that the delay was sufficiently explained and should be condoned. The application for condonation was therefore granted, the delay was condoned, and the criminal miscellaneous application was disposed with the rule made absolute.

Issues considered

Whether the 71‑day delay in filing the criminal appeal can be condoned under the applicable procedural provisions?

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujarat

Judgment

      R/CR.MA/8172/2026                                                      ORDER DATED: 09/04/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         8172 of 2026

                            In F/CRIMINAL APPEAL/14058/2026

==========================================================
                         BHARATBHAI MANCHABHAI DEVIPUJAK
                                      Versus
                             STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. AAMIR S PATHAN(7142) 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 : 09/04/2026

                                            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 71 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 09/04/2026 14:34:22



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