Gujarat High Court
Dhanabhai Ratanbhai Baberiya vs State Of Gujarat on 10 June, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.MA/9296/2024 ORDER DATED: 10/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
9296 of 2024
In
F/CRIMINAL REVISION APPLICATION NO. 15462 of 2024
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DHANABHAI RATANBHAI BABERIYA & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR. BHAVIK P SHAH(6391) for the Applicant(s) No. 1,2
MR HARDIK P MEHTA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 10/06/2024
ORAL ORDER
1. This Application has been filed praying for
condonation of delay of 146 days in filing of the
above Criminal Revision Application against the order
of conviction under Sections 394 and 114 of the
Indian Penal Code, whereby the applicant was
sentenced to undergo three years of rigorous
imprisonment and fine of Rs.5,000/- and in default of
payment of fine, to undergo further six months of
rigorous imprisonment.
2. It is submitted by learned Advocate for the applicant
that the applicant could not procure the certified
NEUTRAL CITATION
R/CR.MA/9296/2024 ORDER DATED: 10/06/2024
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copy and only after approaching his relatives for
financial assistance, he could prefer the Revision
Application and all these aspects / factors have
contributed to the above delay.
3. Learned Additional Public Prosecutor submitted that
the applicant had enough time to prefer a Revision
Application and each and every delay is required to
be explained and therefore, urged to reject the
application.
4. In the case of Collector, Land Acquisition, Anantnag
and Another v. Mst. Katiji and Others reported in
AIR 1987 SC 1353 it has been observed as under :-
"3. The legislature has conferred the power to
condone delay by enacting Section 5 of the Indian
Limitation Act of 1963 in order to enable the Courts to
do substantial justice to parties by disposing of matters
on 'merits'. The expression "sufficient cause" employed
by the legislature is adequately elastic to enable the
courts to apply the law in a meaning- ful manner
which subserves the ends of justice--that being the life-
purpose for the existence of the institution of Courts.
It is common knowledge that this Court has been
making a justifiably liberal approach in matters
instituted in this Court. But the message does not
appear to have percolated down to all the other Courts
in the hierarchy. And such a liberal approach is
adopted on principle as it is realized that:-
NEUTRAL CITATION
R/CR.MA/9296/2024 ORDER DATED: 10/06/2024
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1. Ordinarily a litigant does not stand to benefit by
lodging an appeal late.
2. Refusing to condone delay can result in a
meritorious matter being thrown out at the very
threshold and cause of justice being defeated. As
against this when delay is con- doned the highest that
can happen is that a cause would be decided on
merits after hearing the parties.
3. "Every day's delay must be explained" does not
mean that a pedantic approach should be made. Why
not every hour's delay, every second's delay? The
doctrine must be applied in a rational common sense
pragmatic manner.
4. When substantial justice and technical considerations
are pitted against each other, cause of substantial
justice deserves to be preferred for the other side
cannot claim to have vested right in injustice being
done because of a non-deliberate delay.
5. There is no presumption that delay is occasioned
deliberately, or on account of culpable negligence, or
on account of mala fides. A litigant does not stand to
benefit by resorting to delay. In fact he runs a serious
risk.
6. It must be grasped that judiciary is respected not on
account of its power to legalize injustice on technical
grounds but because it is capable of removing injustice
and is expected to do so."
5. Considering the submissions advanced, in view of the
facts and circumstances of the case especially that the
applicant is in jail and had to make financial
arrangements, as also the ratio laid down in the
NEUTRAL CITATION
R/CR.MA/9296/2024 ORDER DATED: 10/06/2024
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above judgment, the present application is allowed
and the delay of 146 days in filing of the above
Criminal Revision Application is condoned.
Direct Service is permitted.
Sd/-
(GITA GOPI, J)
CAROLINE
