Authority: High Court of Gujarat at Ahmedabad

Order Date: 18 September 2026

Case Overview

  • Parties: Applicant Kanaiyakumar @ Kanji Chetanbhai Devipujak versus State of Gujarat & Anr.
  • Nature: Application under Section 5 of the Limitation Act, 1963 seeking condonation of a 448‑day delay in preferring Criminal Appeal No. 39974/2026.
  • Background: Applicant is incarcerated, belongs to a poor socioeconomic stratum, and lacked financial resources to engage counsel until a friend provided assistance.
  • Respondent’s Position: Additional Public Prosecutor argued that the delay was not sufficiently explained and should be rejected.
  • Judicial Reasoning: Court relied on the Supreme Court decision in Collector, Land Acquisition, Anantnag v. Mst. Katiji (AIR 1987 SC 1353), emphasizing a liberal approach to condonation where substantial justice is at stake and “sufficient cause” is interpreted pragmatically.

Final Outcome

  • The Court held that the explanation of poverty and lack of immediate legal aid constituted sufficient cause.
  • The 448‑day delay is hereby condoned, and the applicant’s condonation application is allowed, permitting the appeal to proceed.

Topics: Legal Procedure, Delay Condonation, Judicial Relief