IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.

26095 of 2025 In F/CRIMINAL APPEAL NO. 42757 of 2025 ========================================================== RANJIT @ ANSHUKUMAR JITENDRAKUMAR @ SIKANDARSINGH GUJJAR Versus STATE OF GUJARAT & ANR.

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Appearance:

MS BHAKTI M JOSHI(3820) for the Applicant(s) No. 1 MS. C.M. SHAH, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 18/12/2025

ORAL ORDER

1. RULE. Learned APP waives notice of rule for the respondent – State.

2. This application has been filed for condonation of delay of 1235 days in filing the Criminal Appeal along with application for Suspension of Sentence.

3. Heard learned advocate Ms. Bhakti M. Joshi for the applicant and learned Additional Public Prosecutor Ms. C.M. Shah for the respondent – State.

4. Learned advocate Ms. Bhakti M. Joshi for the applicant states that the applicant handed over the documents to one person to file Criminal Appeal with application for Suspension of Sentence before this Court and he was under impression that the Criminal Appeal along with application for Suspension of Sentence are filed and pending. The application for Suspension of Sentence did not come up on the Board and upon verifying the applicant, came to know that Criminal Appeal as well as application for Suspension of Sentence has not been filed. Thereafter, the applicant had approached another advocate for filing the Criminal Appeal and application for Suspension of Sentence. Learned advocate further submits that after consultation of another advocate and managing the fees, a delay of 1235 days has occurred in filing the Criminal Appeal along with the application for Suspension of Sentence. The applicant at present is in jail and undergoing sentence imposed upon him by the learned Trial Court. Hence, the present application may be allowed and the delay occurred in filing Criminal Appeal as well as application for Suspension of Sentence may be allowed.

5. Learned APP Ms. C.M. Shah submits that the applicant is in jail and undergoing sentence and has submitted the jail remarks which is taken on record. Learned APP further submits that the application be allowed.

6. Having heard learned advocate for the respective parties and having considered the contents of the application, it cannot be said that the delay caused in filing the Criminal Appeal along with application for Suspension of Sentence has remained totally unexplained. Hence, present application is allowed and delay of 1235 days is condoned. Rule is made absolute.

(S. V. PINTO,J)

ROHAN SONI