High Court of Gujarat reaffirms its discretionary power to condone delay in criminal appeals upon sufficient cause, upholding existing precedent and providing binding guidance on procedural applications under the CrPC and the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
| Category | Data |
|---|---|
| Case Name | CR.MA/16761/2025 of JAYDEEP @ JAYU UMESHBHAI PARMAR Vs STATE OF GUJARAT |
| CNR | GJHC240574862025 |
| Decision Date | 19-08-2025 |
| Judgment Author | HONOURABLE MR. JUSTICE P. M. RAVAL |
| Concurring or Dissenting Judges | HONOURABLE MR. JUSTICE ILESH J. VORA (concurring) |
| Court | High Court of Gujarat at Ahmedabad |
| Bench | Two-Judge Bench (Vora and Raval, JJ.) |
| Type of Law | Criminal Procedure |
| Questions of Law | Whether delay of 102 days in filing a criminal appeal under Section 374(2) CrPC and Section 415(2) BNS Sanhita, 2023 can be condoned upon sufficient cause. |
| Ratio Decidendi | Upon hearing both sides and examining averments, the High Court held that a delay of 102 days in preferring the appeal merited condonation because the applicant had established sufficient cause. |
What’s New / What Lawyers Should Note
- Reaffirms that the inherent power under Section 374(2) CrPC (and corresponding Section 415(2) BNS Sanhita, 2023) may be exercised to condone substantial delay if adequate cause is shown.
- Confirms that a delay of over 100 days is not per se fatal; courts must assess the reasons on their merits.
- Provides a concise precedent for drafting condonation petitions: focus on establishing “sufficient cause” through clear averments.
Summary of Legal Reasoning
- The applicant filed Criminal Miscellaneous Application No. 16761/2025 seeking condonation of 102 days’ delay under Section 374(2) CrPC and Section 415(2) BNS Sanhita, 2023.
- After hearing learned counsel for both sides, the Court examined the averments supporting the delay.
- Finding that the applicant had demonstrated adequate cause, the Court held that delay deserved to be condoned in exercise of its discretionary inherent power.
- Accordingly, the application was allowed and the delay was formally condoned.
Factual Background
In August 2025, the applicant sought condonation of a 102-day delay in filing a criminal appeal against a conviction under the provisions of the CrPC and the Bharatiya Nagarik Suraksha Sanhita, 2023. The High Court heard oral submissions, evaluated the reasons furnished for the delay, and granted relief by condoning the same.
Statutory Analysis
- Section 374(2), CrPC: Empowers a High Court to condone delay in filing an appeal if sufficient cause is shown.
- Section 415(2), Bharatiya Nagarik Suraksha Sanhita, 2023: Mirrors the CrPC provision, granting the same discretionary power to condone delay in preferring criminal appeals under the new statute.
- The Court applied the well-settled principle that “sufficient cause” must be assessed on the material placed before it, without any rigid time-bar beyond the statutory period.
Alert Indicators
- ✔ Precedent Followed – Reaffirms existing law on condonation of delay under Section 374(2) CrPC and its counterpart in BNS Sanhita, 2023.