Sanjaykumar Sumanbhai Sondarva vs Dilipbhai Bhimbhai Gohil
2025 Latest Caselaw 6251 Guj

Gujarat High Court

Sanjaykumar Sumanbhai Sondarva vs Dilipbhai Bhimbhai Gohil on 2 September, 2025

                                                                                                     NEUTRAL CITATION




                            R/CR.MA/15027/2025                          ORDER DATED: 02/09/2025

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                            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC. APPLICATION (FOR CONDONATION
                                      OF DELAY) NO. 15027 of 2025
                               In F/CRIMINAL APPEAL NO. 23746 of 2025
                       =================================================
                               SANJAYKUMAR SUMANBHAI SONDARVA
                                                Versus
                                   DILIPBHAI BHIMBHAI GOHIL & ORS.
                       =================================================
                       Appearance:
                       DEVANGI B SOLANKI(8888) for the Applicant(s) No. 1
                       NOTICE SERVED for the Respondent(s) No. 1,2,3,4,5,6
                       MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 7
                       =================================================

                       CORAM:HONOURABLE MR. JUSTICE CHEEKATI
                             MANAVENDRANATH ROY
                             and
                             HONOURABLE MR.JUSTICE D. M. VYAS

                                                    Date : 02/09/2025

                                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. This petition under Section 5 of the Limitation Act, 1963 has been filed seeking condonation of delay of 96 days in preferring an appeal against the judgment of acquittal.

2. Heard, the learned counsel for the petitioner. Despite service of notice on respondent Nos. 1 to 6 who are the accused in the trial

NEUTRAL CITATION

R/CR.MA/15027/2025 ORDER DATED: 02/09/2025

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Court, they did not make their appearance in the petition. Thus, this petition is not opposed by the respondent.

3. Heard, Mr. Tirthraj Pandya, learned Additional Public Prosecutor for the respondent No. 7 - State.

4. This appeal is preferred by the victim. According to the appellant, after obtaining the Certified Copy of the judgment, it took time to him to seek legal advice to prefer an appeal and after entrusting the matter to his Advocate to prefer an appeal that he has taken sometime to prefer the appeal as two heavy bundles relating to two cases are mixed up and in the said process, the delay of 96 days has taken place. According to him, the delay is not deliberate and it is only on account of the aforesaid reason.

5. As notice supra, the said explanation offered by the appellant explaining the delay, is not opposed and controverted by the accused who did not contest this petition.

6. Therefore, the petition is allowed condoning the delay of 96 days in filing the appeal.

[ Cheekati Manavendranath Roy, J. ]

[ D. M. Vyas, J. ] hiren/4tss2925