Authority: High Court of Gujarat at Ahmedabad, Hon’ble Ms. Justice S.V. Pinto
Order Date: 09 July 2026
Case Overview
- Parties: Applicant Kirtibhai Keshavlal Patel, owner of GuruDev Construction, versus State of Gujarat & another respondent.
- Application: Criminal Miscellaneous Application No. 13770 of 2026 seeking condonation of delay in filing Criminal Revision Application No. 25101/2026.
- Delay: 176 days elapsed between the pronouncement of the impugned judgment and filing of the revision.
- Applicant’s explanation: Certified copies of the judgment were obtained, legal advice was sought, and necessary documents were collected; the delay was not intentional and resulted from circumstances beyond the applicant’s control.
- Respondent’s position: The explanation was unsatisfactory; the applicant failed to demonstrate sufficient cause for condonation.
- Counsel: Applicant represented by Mr. Urvesh M. Prajapati; Respondent No. 2 represented by Mr. Jignesh Nayak; Respondent No. 1 (State) represented by Ms. C.M. Shah.
- Settlement: Both parties jointly submitted that the matter has been amicably settled and should be placed before the Lok Adalat.
Final Outcome
- The Court, referring to Supreme Court decisions in Collector, Land Acquisition, Anantnag v. Mst. Katiji (1987) and N. Balakrishnan v. M. Krishnamurthy (1998), held that the length of delay is not material if the explanation is bona‑fide and no prejudice is shown.
- Finding the applicant’s explanation satisfactory and no irreparable prejudice to the respondent, the Court concluded that sufficient cause existed for condonation.
- The delay of 176 days in filing the Criminal Revision Application is hereby condoned.
- The application is allowed, and the rule is made absolute in these terms.
Topics: Delay Condonation, Criminal Revision, Judicial Procedure