High Court of Gujarat

CHANDRAJIT @DIPAK KALIDAS RATHODversusSTATE OF GUJARAT

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

Holding

The court held that the delay is condoned.

Summary

The applicant, Chandrajit @Dipak Kalidas Rathod, filed a criminal miscellaneous application seeking condonation of a 168‑day delay in filing his criminal appeal. The respondent, the State of Gujarat, waived service of the rule. Counsel for both sides were heard. The court found that the reasons given for the delay were satisfactory and that the delay could be condoned. Accordingly, the court ordered that the delay be condoned and the application disposed of, making the rule absolute.

Issues considered

Whether the 168‑day delay in filing the criminal appeal can be condoned under the applicable procedural law?

Subjects

condonation of delaycriminal appealprocedural lawHigh Court of Gujaratcriminal miscellaneous application

Judgment

     R/CR.MA/9451/2026                                                   ORDER DATED: 23/04/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          9451 of 2026
               In F/CRIMINAL APPEAL/16546/2026
==========================================================
                      CHANDRAJIT @DIPAK KALIDAS RATHOD
                                   Versus
                          STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MANAN K PANERI(7959) for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                        Date : 23/04/2026

                                          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 168 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)
ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 23/04/2026 18:21:16
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