Gujarat High Court
State Of Gujarat vs Vishvrajsinh @ Bhayalubha Gautamsinh ... on 28 July, 2025
NEUTRAL CITATION
R/CR.MA/11138/2025 ORDER DATED: 28/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
11138 of 2025
In F/CRIMINAL APPEAL NO. 13262 of 2025
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STATE OF GUJARAT
Versus
VISHVRAJSINH @ BHAYALUBHA GAUTAMSINH GOHIL
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Appearance:
PUBLIC PROSECUTOR for the Applicant(s) No. 1
MR JINESH H KAPADIA(5601) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
and
HONOURABLE MR.JUSTICE D. M. VYAS
Date : 28/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)
1. This application under Section 5 of the Limitation Act has been filed to condone the delay of 142 days in preferring the appeal by the State against the judgment of acquittal dated 05.08.2024 passed in Sessions Case No.65 of 2020 on the file of learned Sessions Judge, Bhavnagar.
2. Heard learned APP Mr. Bhargav Pandya for the petitioner/State and Learned Counsel Mr. Nirav Padhiyar appearing on behalf of Mr. Jinesh Kapadia, learned Counsel for the respondent.
3. Learned APP submits that the sole respondent herein Page 1 of 2 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:53:39 IST 2025 NEUTRAL CITATION R/CR.MA/11138/2025 ORDER DATED: 28/07/2025 undefined was prosecuted for the offences punishable under Section 304, 338 of IPC and under Section 27(3), 25(1A), and 25(1)(1B)(A) of the Arms Act and he was acquitted of all the said charges and delay of 142 days took place due to administrative reasons in securing the necessary permissions from the concerned to prefer an appeal. Learned Counsel for the respondent objected the application stating that the reasons assigned for explaining the delay are not convincing.
4. Since it is the case under Section 304 of IPC along with other offences as stated above and as it is an appeal preferred by the State, it has to pass through various authorities for final approval for preferring the appeal, therefore, in the said circumstances, some leeway is to be shown to the appeal preferred by the State. So, the explanation offered for the delay is satisfactory and convincing and we are of the considered view that the same is to be condoned.
5. Resultantly, the petition is allowed condoning the delay of 142 days in filing the appeal by the State.
(CHEEKATI MANAVENDRANATH ROY, J) (D. M. VYAS, J) Anuj Page 2 of 2 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:53:39 IST 2025