Gujarat High Court

CR.MA/10498/2026 of CHAMPABEN SOMABHAI PATEL Vs STATE OF GUJARAT on 18 August 2026

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18/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 10498 of 2026 In F/CRIMINAL APPEAL/17368/2026 ========================================================== CHAMPABEN SOMABHAI PATEL Versus STATE OF GUJARAT & ANR.

R/CR.MA/10498/2026 ORDER DATED: 18/08/2026

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.

10498 of 2026

In F/CRIMINAL APPEAL/17368/2026

==========================================================

CHAMPABEN SOMABHAI PATEL

Versus

STATE OF GUJARAT & ANR.

==========================================================

Appearance:

MS NISHI PATEL FOR MS SHIRALI M PATEL(11069) for the Applicant(s)

No. 1

MR NITIN T GANDHI(5620) for the Respondent(s) No. 2

MS JYOTI BHATT ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.

ROHANKUMAR M AMIN(8851) for the Respondent(s) No. 2

==========================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

Date : 18/08/2026

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ORDER

The applicant has preferred present application under Section 5 of the Limitation Act for condonation of delay of 36 days caused in preferring the main Criminal Appeal. Heard learned counsel appearing for the respective parties. Considering the fact and circumstances of the case and the averments made in the application, present application requires to be allowed. Further, on perusal of the record, it appears that the original complainant had earlier preferred a Criminal Revision Application before this Court. However, the Coordinate Bench

R/CR.MA/10498/2026 ORDER DATED: 18/08/2026 of this Court was of the opinion that, instead of a Criminal Revision Application, only an appeal would be maintainable against the order of acquittal. Therefore, the applicant seeks permission to convert the Criminal Revision Application into a Criminal Appeal. In such circumstances, the delay was caused in preferring present Criminal Appeal. In view of the above facts, delay of 36 days caused in preferring the 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 18/08/2026 18:03:47

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