Ashif Makbulhusain Parmar vs State Of Gujarat
2025 Latest Caselaw 5093 Guj

Gujarat High Court

Ashif Makbulhusain Parmar vs State Of Gujarat on 24 June, 2025

                                                                                                            NEUTRAL CITATION




                           R/CR.MA/11347/2025                                 ORDER DATED: 24/06/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                               11347 of 2025

                               In F/CRIMINAL REVISION APPLICATION NO. 22450 of 2025

                      ==========================================================
                                                ASHIF MAKBULHUSAIN PARMAR
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR. MO.AVESH M PATHAN(14216) for the Applicant(s) No. 1
                      DS AFF.NOT FILED (N) for the Respondent(s) No. 2
                      MS. JYOTI BHATT APP for the Respondent(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                          Date : 24/06/2025

                                                            ORAL ORDER

Rule. Learned APP waives service for the respondent -

State.

Heard the learned advocate for the applicant and

further, it is submitted by him that the notice has been served

to the respondent no.2 on 21.06.2025 and D.S. affidavit is

already filed before the Registry. Further, the present

applicant - accused is in judicial custody and the present

application has been preferred to condone the delay of 172

days in preferring the Criminal Revision Application against

the judgment and order passed by the learned Trial Court,

NEUTRAL CITATION

R/CR.MA/11347/2025 ORDER DATED: 24/06/2025

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convicting the present applicant - accused under Section 138

of the Negotiable Instruments Act, 1881, sentencing him two

years simple imprisonment and the learned District Court,

Mahesana has also dismissed the appeal of the present

applicant - accused and confirmed the judgment passed by the

learned Trial Court.

The present applicant - accused is in judicial custody.

Hence, cannot file revision application within time. So, the

delay is unintentional and is required to be condoned.

Considering the fact that the present applicant - accused

is also in judicial custody, the explanation given is found to be

genuine and satisfactory to this court and the delay is

required to be condoned.

Accordingly, the present application stands allowed.

Delay of 172 days in preferring the criminal revision

application is to be condoned. Rule is made absolute to the

aforesaid extent.

Registry to give new criminal revision application

number.

(L. S. PIRZADA, J) JCP