State Of Gujarat vs Shaileshbhai Ukabhai Kamabhai Vankar
2025 Latest Caselaw 6513 Guj

Gujarat High Court

State Of Gujarat vs Shaileshbhai Ukabhai Kamabhai Vankar on 11 September, 2025

                                                                                                      NEUTRAL CITATION




                             R/CR.MA/15355/2025                          ORDER DATED: 11/09/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                                15355 of 2025
                                                     In
                                     F/CRIMINAL APPEAL NO. 28497 of 2025

                       ==========================================================
                                                    STATE OF GUJARAT
                                                          Versus
                                          SHAILESHBHAI UKABHAI KAMABHAI VANKAR
                       ==========================================================
                       Appearance:
                       MS KRINA CALLA, APP for the Applicant(s) No. 1
                       NOTICE SERVED for the Respondent(s) No. 1
                       ==========================================================

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

                                                     Date : 11/09/2025

                                                      ORAL ORDER

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. This petition under Section 5 of the Limitation Act is filed by the State seeking condonation of delay of 83 days in filing the appeal against the judgment of acquittal.

2. Despite service of notice on respondent no.1, none appears. Therefore, heard Ms.Krina Calla, learned APP for the applicant-State.

3. The respondent is the sole accused in the trial Court. He was prosecuted for the offences punishable under Sections 302, 364 and 201 of the Indian Penal Code. Eventually, after trial, he was acquitted of the said charges. Aggrieved by the said judgment of acquittal, the State has preferred appeal.

NEUTRAL CITATION

R/CR.MA/15355/2025 ORDER DATED: 11/09/2025

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There is a delay of 83 days in filing the appeal. The said delay is explained stating that after obtaining the copy of the judgment, the same was sent to the Legal Department for opinion of the concerned and, thereafter, it was sent to the concerned authority, seeking permission to prefer an appeal and in the said process, said delay of 83 days took place in filing the appeal and that the delay is not deliberate.

4. Thus, the State has offered satisfactory explanation relating to said delay. The respondent has not opposed this petition and did not controvert the said facts or denied the explanation that is offered by the petitioner. As it is an appeal preferred by the State and as the file has to run through proper channel, which is to be considered by hierarchy of officers, some leeway is required to be shown towards the State. Therefore, in the facts and circumstances of the case, we are inclined to condone said delay.

5. Resultantly, the petition is allowed, condoning delay of 83 days in filing the appeal.

(CHEEKATI MANAVENDRANATH ROY, J)

(D. M. VYAS, J) R.S. MALEK