Sonika Amit Bordia vs State Of Gujarat
2025 Latest Caselaw 6515 Guj

Gujarat High Court

Sonika Amit Bordia vs State Of Gujarat on 11 September, 2025

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                           R/CR.MA/7968/2024                                   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.
                                               7968 of 2024

                               In F/CRIMINAL REVISION APPLICATION NO. 14492 of 2024

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                                                     SONIKA AMIT BORDIA
                                                            Versus
                                                   STATE OF GUJARAT & ORS.
                      ==========================================================
                      Appearance:
                      BHISHMA A. RAWAL(12270) for the Applicant(s) No. 1
                      NOTICE SERVED for the Respondent(s) No. 7,8
                      MR. H K PATEL APP for the Respondent(s) No. 1
                      SUMIT K PRAJAPATI(8867) for the Respondent(s) No. 2,3,4,5,6
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                           Date : 11/09/2025

                                                             ORAL ORDER

1. Rule. The learned A.P.P. waives service of Rule for the

respondent - State.

2. When the matter is called out, heard the learned

advocate for the applicant and it is submitted that there is a

delay of 687 days in preferring the revision application

against the judgment of an acquittal. Perused the contention

raised in the application and further, also perused the

additional affidavit submitted by the applicant. Heard the

learned advocate for the respondent and he has rightly

NEUTRAL CITATION

R/CR.MA/7968/2024 ORDER DATED: 11/09/2025

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objected the condonation of delay and submitted that there is

no sufficient cause as has been shown in the application, so,

the delay cannot be condoned.

3. Considered the rival submissions of the respective

parties and perused the contentions raised in the application

and further, in the additional affidavit, it has been specifically

stated that earlier present applicant has approached the

Gujarat High Court Legal Service Committee for filing of this

revision application. One advocate was allotted by the

Committee but he has not filed the petition and subsequently,

the High Court Legal Service Committee allotted the present

advocate and after, he prepared this revision application

along with the delay condone application. In the catena of the

judgment of the Hon'ble Apex Court, when the technicality

has been treated against the substantial justice, the Court has

to give preference to substantial justice. However, the reason

stated in the application in the additional affidavit is

satisfactory and genuine to this Court. Hence, the present

application deserves consideration.

5. Accordingly, present application is allowed. Delay of 687

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R/CR.MA/7968/2024 ORDER DATED: 11/09/2025

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days caused in preferring the revision application is hereby

condoned. Rule is made absolute to the aforesaid extent. The

present application is disposed of accordingly.

(L. S. PIRZADA, J) JCP