Authority: High Court of Gujarat at Ahmedabad
Order Date: 22/10/2026
Case Overview
- Parties: Megha Gruh Udyog (through Hansaben Vinubhai Patel) as applicant versus State of Gujarat & Anr. as respondents.
- Nature: Criminal Miscellaneous Application seeking condonation of delay for filing an application to restore a Criminal Revision Application.
- Background: The applicant was convicted by the Trial Court, affirmed by the Sessions Judge, and filed Criminal Revision Application No.745 of 2021. A subsequent Criminal Misc. Application No.9667 of 2025 was required to restore that revision but was filed 95 days late.
- Applicant’s Position: Represented by Advocate Shivam H. Chokshi (online), the applicant, currently in jail since 17‑July‑2026, explained the delay due to obtaining certified copies of the impugned judgment, seeking legal advice, and gathering necessary documents. The delay was asserted to be beyond the applicant’s control and not intentional.
- Respondent’s Position: The State opposed condonation, arguing the explanation was unsatisfactory and insufficient cause was shown.
- Judicial Reasoning: The Court referenced Supreme Court precedents (Collector, Land Acquisition, Anantnag v. Mst. Katiji; N. Balakrishnan v. M. Krishnamurthy) emphasizing a liberal, justice‑oriented approach to condonation where no mala fides or gross negligence is evident. The Court found the applicant’s explanation bona‑fide, no irreparable prejudice to the respondent, and that refusal would deprive the applicant of a substantive remedy.
Final Outcome
- The Court held that sufficient cause existed and therefore condoned the 95‑day delay in filing Criminal Misc. Application No.9667 of 2025.
- The delay is officially condoned, and the rule is made absolute.
Topics: Condensation of Delay, Criminal Revision