JIGAR MUKESHBHAI BRAHMBHATTversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- S V PINTO
Holding
The 104‑day delay in filing the criminal appeal is condoned.
Summary
The petitioner, Jigar Mukeshbhai Brahmbhatt, filed an application seeking condonation of a 104‑day delay in preferring Criminal Appeal No. 1177 of 2026 against the State of Gujarat. The Additional Public Prosecutor, on behalf of the State, waived service of the rule. Both parties appeared before Hon’ble Ms. Justice S.V. Pinto, and the court examined the explanations provided for the delay. The court found that the reasons for the delay were sufficiently explained. Consequently, the court held that the delay warranted condonation. The application was therefore allowed and the delay of 104 days was formally condoned.
Issues considered
- Whether a delay of 104 days in filing a criminal appeal can be condoned under procedural law.
Subjects
Judgment
R/CR.MA/889/2026 ORDER DATED: 16/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
889 of 2026
In F/CRIMINAL APPEAL/1177/2026
==========================================================
JIGAR MUKESHBHAI BRAHMBHATT
Versus
STATE OF GUJARAT
==========================================================
Appearance:
VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1
MR. PRANAV DHAGAT, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 16/01/2026
ORAL ORDER
RULE. Learned Additional Public Prosecutor appears and
waives service of rule for and on behalf of the respondent-State.
Heard learned advocate Mr. Vasimraja A Kureshi appearing
online for the applicant and learned Additional Public Prosecutor
Mr. Pranav Dhagat for the respondent No. 1 – State.
This application has been filed by the present applicant
seeking condonation of delay of 104 days, which had occurred in
preferring F/Criminal Appeal No. 1177 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 104 days, which
had occurred in preferring 104 days, which had occurred in
Page 1 of 2
R/CR.MA/889/2026 ORDER DATED: 16/01/2026
preferring F/Criminal Appeal No. 1177 of 2026 appears to have
been sufficiently explained. Accordingly, the delay of 104 days
deserves to be condoned.
Accordingly, the present application stands allowed and
disposed of. The delay of 104 days, which had occurred in
preferring F/Criminal Appeal No. 1177 of 2026 is hereby
condoned. Rule is made absolute.
(S. V. PINTO,J)
VISHAL MISHRA
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 16/01/2026 15:15:25
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.