R/CR.MA/15543/2026(GJHC240462932026) ORDER DATED: 03/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 15543 of 2026 In F/CRIMINAL APPEAL/22461/2026 ========================================================== KIRANBHAI GOPICHAND DODA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: PARAS K SUKHWANI(8284) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 03/09/2026 ORAL ORDER 1. The application is filed by the applicant to condone the delay of 1454 days occurred in filing of the Criminal Appeal challenging the judgment and order dated 11.01.2021 passed by learned Additional Sessions Judge, Court no. 26, City Sessions Court, Ahmedabad. 2. Mr. Paras Sukhwani, learned counsel for the applicant submitted that the applicant had previously preferred a revision application before this Court; however, since the revision application was not maintainable, it was withdrawn and the present criminal appeal was filed. He has submitted that the delay occurred in filing of the present appeal was for bonafide reasons. In support of his contentions he has referred and relied upon the decision of the Hon’ble Supreme Court in the case of Purni Devi Vs. Babu Ram reported in AIR 2024 SC (Supp) 1933, more particularly the observations in paragraphs no. 33, 34 and R/CR.MA/15543/2026(GJHC240462932026) ORDER DATED: 03/09/2026 35. In light of the above judgment, he has requested that the application for condonation of delay be allowed. 3. Ms. Jirga Jhaveri, learned APP for respondent no.1 submitted that appropriate orders may be passed in view of the present application and the additional affidavit filed by the applicant. Though Notice served, respondent no.2 has chosen not to appear before this Court. 4. Considering the submissions canvassed by the learned counsel for the respective parties, the averments made in the application and after perusing the aforementioned decision of the Hon’ble Supreme Court, this Court finds that sufficient cause is made out to condone the delay. 5. In view of the above, the delay occurred in filing of the criminal appeal against the judgment and order 11.01.2021 passed by learned Additional Sessions Judge, Court no. 26, City Sessions Court, Ahmedabad is hereby condoned. 6. The present application stands disposed of accordingly. (HEMANT M. PRACHCHHAK,J) ANUSRI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 07/09/2026 17:03:33