Allowed

Pravinbhai Ashokbhai Mali v. State of Gujarat

Gujarat HC8 Sept 2026CR.MA/2220/2026

Case brief

AI extract

What is this about?

This order condones a delay of 129 days in filing a Criminal Appeal under Section 413 of the BNSS. The court accepted the explanation that the delay resulted from the withdrawal of proceedings filed under Section 419 of the BNSS following a decision of the Apex Court.

What did the court decide?

Delay in filing the Criminal Appeal is condoned; application stands disposed of; rule made absolute.

Pravinbhai Ashokbhai Mali Vs State of Gujarat — Criminal Trial and Appeal | Gujarat HC (2026)

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R/CR.MA/2220/2026 (GJHC240056082026) ORDER DATED: 08/09/2026

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 2220 of 2026

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F/CRIMINAL APPEAL/3401/2026

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========================================== PRAVINBHAI ASHOKBHAI MALI

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Versus

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STATE OF GUJARAT & ANR.

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========================================== Appearance:

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MR CHAITANYA S JOSHI(5927) for the Applicant(s) No. 1 MR. MITESH S. CHAROLIYA(19058) for the Respondent(s) No. 2 MS JIRGA JHAVERI APP for the Respondent(s) No. 1

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==========================================

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CORAM: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

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Date : 08/09/2026

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ORAL ORDER

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RULE. Learned counsel waives service of notice of rule on behalf of the respective respondents.

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The application is filed by the applicant to condone the delay of 129 days occurred in filing the Criminal Appeal.

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Learned counsel for the applicant has submitted that sufficient explanation has been made in para – 5 onward of the application. He has submitted that the application deserves to be allowed and the delay occurred in filing the Criminal Appeal deserves to be condoned.

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Learned counsel for the respondent – accused has strongly objected to condone the delay. He has submitted that there is no satisfactorily explained the delay caused in filing the Criminal Appeal

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Page 1 of 2

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R/CR.MA/2220/2026 (GJHC240056082026) ORDER DATED: 08/09/2026

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and the application for condonation of delay may be rejected.

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It appears from the record that earlier the applicant withdrew the application as well as the connected appeal, which was filed under Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as the applicant required to file an appeal under Section 413 of the BNSS in view of the decision of the Apex Court. That after withdrawing the earlier proceedings, the present applicant has filed this appeal wherein the delay is caused.

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Considering the averments and explanation given in the application and hearing the learned counsel for the respective parties, this Court finds that the sufficient cause is made out to condone the delay.

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In view of the above, the delay occurred in filing the Criminal Appeal is condoned. The application stands disposed of accordingly. Rule made absolute.

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(HEMANT M. PRACHCHHAK,J)

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V.R. PANCHAL

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Original copy of this order has been signed by the Hon'ble Judge.

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Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/09/2026 15:30:49

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Pravinbhai Ashokbhai Mali v. State of Gujarat

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Pravinbhai Ashokbhai Mali v. State of Gujarat

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