R/CR.MA/7502/2025 ORDER DATED: 16/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 7502 of 2025 In F/CRIMINAL REVISION APPLICATION NO. 13693 of 2025 ========================================================== BALDEVBHAI GELABHAI RATHOD Versus STATE OF GUJARAT ========================================================== Appearance: MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1 MR HK PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 16/04/2025 ORAL ORDER [1.0] RULE. Learned APP waives service of notice of Rule for the respondent – State of Gujarat. [2.0] This application is filed under Section 5 of the Limitation Act for condonation of delay of 107 days caused in filing the revision application challenging the order dated 17.09.2024 passed in Criminal Misc. Application No.349 of 2024. [3.0] Learned advocate for the applicant has submitted that the delay was caused purely due to circumstances beyond the control of the applicant and there was no malafide intention on the part of the applicant in filing the revision application belatedly and therefore, has requested to condone the delay caused in filing the revision application. [4.0] Learned APP has vehemently opposed the present application. Page 1 of 2 R/CR.MA/7502/2025 ORDER DATED: 16/04/2025 [5.0] Considering the submissions made by the learned advocates for the respective parties, the applicant has mentioned sufÏcient cause for condonation of delay. The primary function of the Court is to adjudicate the dispute between the parties and to advance substantial justice. Rules of limitation are not meant to destroy the rights of parties. The Court is aware of the fact that denial to condone the delay would mean to dismiss the revision at threshold and there is no presumption that the delay caused by the applicant is deliberate. In view thereof, the words ‘sufÏcient cause’ under Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice. Even reason stated appears to be bonafide and genuine. There is no smack of malafide or dilatory tactics on the part of the applicant. By way of the revision application the applicant proposes to challenge the order of cancellation of bail by virtue of which the applicant is in judicial custody and there is no malafide on the part of the applicant in filing the revision application belatedly. [6.0] In view of the above, the delay of 107 days as explained in the application is condoned. The application is accordingly allowed. Rule is made absolute accordingly. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/04/2025 17:25:12