Mayurbhai Chandulal Padaliya vs Anilbhai Arjanbhai Delvadiya
2025 Latest Caselaw 6565 Guj

Gujarat High Court

Mayurbhai Chandulal Padaliya vs Anilbhai Arjanbhai Delvadiya on 12 September, 2025

                                                                                                          NEUTRAL CITATION




                             R/CR.MA/14902/2025                             ORDER DATED: 12/09/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                                 14902 of 2025
                                                      In
                                      F/CRIMINAL APPEAL NO. 15019 of 2025

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                                                MAYURBHAI CHANDULAL PADALIYA
                                                             Versus
                                              ANILBHAI ARJANBHAI DELVADIYA & ORS.
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                        Appearance:
                        VIJAY H PATEL(7361) for the Applicant(s) No. 1
                        MR SURAJ MATIEDA for MR P P MAJMUDAR(5284) for the Respondent(s) No.
                        1,2,3,4,5,6
                        MS KRINA CALLA, APP for the Respondent(s) No. 7
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                             CORAM:HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY
                                   and
                                   HONOURABLE MR.JUSTICE D. M. VYAS

                                                        Date : 12/09/2025
                                                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. This petition under Section 5 of the Limitation Act is filed to condone the delay of 226 days in preferring the appeal against the judgment of acquittal.

2. Heard learned counsel for the petitioner, Mr.Vijay H. Patel, learned counsel for respondent nos.1 to 6, Mr.Suraj Matieda for Mr.P.P.Majmudar, and Ms.Krina Calla, learned APP for respondent no.7.

3. Respondent nos.1 to 6 herein are the accused in the trial Court. They were prosecuted for the offences punishable under Sections 302, 143, 147, 148, 149 and 506 (2) of the Indian Penal Code and under Section 35 of the Gujarat Police Act. At the culmination of the trial, they were acquitted by the trial Court for all the aforesaid charges levelled against them by the

NEUTRAL CITATION

R/CR.MA/14902/2025 ORDER DATED: 12/09/2025

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impugned judgment. Aggrieved thereby, the petitioner, who is the defacto complainant and the son of the deceased, preferred appeal against the judgment of acquittal. There is a delay of 226 days in preferring the appeal. The petitioner explained the said delay stating that he is a poor man and he has no means to engage an advocate and he has approached the High Court Legal Services Committee for appointment of a legal aid counsel and considering his application and after complying with the procedural requirements that the High Court has appointed a legal aid counsel to prefer the appeal and, in the said process, delay of 226 days has taken place and the delay is not deliberate.

4. Said explanation offered by the petitioner is not seriously disputed or controverted by the learned counsel for respondent nos.1 to 6, who only took a formal objection opposing the application.

5. Therefore, the petitioner has satisfactorily explained the delay. Considering the same and in view of the gravity of the offence, as it is a case of murder under Section 302 of IPC, we are inclined to condone said delay.

6. Resultantly, the petition is allowed. The delay of 226 days in filing the appeal is condoned.

(CHEEKATI MANAVENDRANATH ROY, J)

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