Can a High Court Condone a 42-Day Delay in Filing a Criminal Appeal Under Section 374(2) CrPC and Section 415(2) BNSS 2023

Summary

Category	Data
Case Name	CR.MA/16729/2025 of DADO @ ARJUNBHAI AMBALAL GOHEL (MAKWANA) Vs STATE OF GUJARAT
CNR	GJHC240569972025
Date of Registration	13-08-2025
Decision Date	19-08-2025
Disposal Nature	53-ALLOWED / GRANTED @ ADM.STAGE
Judgment Author	HONOURABLE MR. JUSTICE P. M. RAVAL
Court	High Court of Gujarat
Bench	HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE P. M. RAVAL
Type of Law	Criminal Procedure
Ratio Decidendi	The applicant sought condonation of a 42-day delay in preferring a criminal appeal under Section 374(2) CrPC and Section 415(2) of the BNSS 2023. After hearing counsel and considering the averments, the Court found sufficient cause for the delay. The delay was accordingly condoned and the application allowed.

The applicant filed a petition for condonation of a 42-day delay in preferring a criminal appeal under Section 374(2) CrPC and Section 415(2) BNSS 2023.
The Court heard learned counsel for both sides and examined the averments made in the application.
Applying the statutory “sufficient cause” test, the Court concluded that the applicant had demonstrated adequate grounds for the delay.
Exercising its discretion under the relevant provisions, the Court granted condonation of delay and allowed the application at the administrative stage.