R/CR.MA/15637/2026 ORDER DATED: 07/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 15637 of 2026 In F/CRIMINAL APPEAL/27966/2026 ========================================================== STATE OF GUJARAT Versus SUTHAR MAHIPALKUMAR BHIKHABHAI & ANR. ========================================================== Appearance: MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 1 UNSERVED EXPIRED (N) for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 07/08/2026 ORAL ORDER Learned APP for the appellant submits that she has received instructions that respondent No. 2 passed away on 13.01.2026. She further submits that the death certi!cate issued by the competent authority is attached to the notice returned to this Court by the concerned baili#. In view of the above, the application, qua respondent No. 2, stands abated. So far as respondent No. 1 is concerned, though duly served with the notice, he has chosen not to remain present before this Court. The present application has been !led by the appellant under Section 5 of the Limitation Act seeking condonation of delay of 225 days in preferring the main Criminal Appeal. R/CR.MA/15637/2026 ORDER DATED: 07/08/2026 Heard the learned APP for the appellant. Considering the facts and circumstances of the case and the averments made in the application, the present application is hereby allowed. The delay of 225 days caused in !ling the main Criminal Appeal is hereby condoned. The application stands disposed of. (HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/08/2026 18:00:59