R/CR.MA/18825/2025 ORDER DATED: 16/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 18825 of 2025 In F/CRIMINAL MISC.APPLICATION NO. 35575 of 2025 ============================================ YUSUF MALEKLAL MALEK Versus STATE OF GUJARAT & ORS. ============================================ Appearance: MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1 MR KRUTIK PARIKH, APP for the Respondent(s) No. 1 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 16/09/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of rule on behalf of respondent-State. 2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 17 days caused in filing Restoration Application. 3. I have heard the learned advocates for the respective parties. 4. It is submitted by the learned advocate for the applicant that the applicant could not file the Restoration Application in timely fashion because on 09.07.2025 learned Advocate for the applicant was on his legs, before the Court of Hon’ble Mr. Justice M. R. Mengdey, and therefore, could not remain present before this Hon’ble Court. Page 1 of 2 R/CR.MA/18825/2025 ORDER DATED: 16/09/2025 5. The learned APP and original Complainant have no objection, if the delay is condoned. 6. Considering the submissions made by the learned advocates for the respective parties, the applicant has mentioned sufficient 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 matter at threshold and there is no presumption that the delay caused by the applicant is deliberate. In view thereof, the words ‘sufficient 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 bona fide and genuine. There is no smack of mala fide or dilatory tactics on the part of the applicant. 7. In view of the above, the delay of 17 days as explained in memo of the application is condoned. The application is accordingly allowed. Rule is made absolute. 8. Registry is directed to list the Restoration Application. (HASMUKH D. SUTHAR,J) ANKIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 16/09/2025 18:01:52