High Court of Gujarat upholds its inherent jurisdiction to condone lengthy delays upon acceptable explanation, providing binding guidance for condonation applications
Summary
| Category | Data |
|---|---|
| CNR | GJHC240389992025 |
| Date of Registration | 21-06-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | 53-ALLOWED / GRANTED @ ADM.STAGE |
| Judgment Author | Honourable Ms. Justice S.V. Pinto |
| Court | High Court of Gujarat at Ahmedabad |
| Bench | Single Judge |
| Type of Law | Criminal Procedure |
| Questions of Law | Whether a 506-day delay in filing a Criminal Application can be condoned if an explanation is provided. |
| Ratio Decidendi |
The court held that, in exercise of its inherent jurisdiction under criminal procedure, a delay cannot be deemed “totally unexplained” when the applicant furnishes a detailed explanation. Having considered the contents of the application and an additional affidavit accounting for the 506-day delay, the court found the delay satisfactorily justified and therefore condoned it. |
Summary of Legal Reasoning
- The applicant sought condonation of a 506-day delay in filing a Criminal Miscellaneous Application.
- The court examined the delay application and the accompanying additional affidavit explaining the substantial gap.
- It found that the delay could not be characterized as “totally unexplained” once the explanation was on record.
- Exercising its inherent jurisdiction, the court concluded that justice would be served by condoning the delay.
- The application for condonation was accordingly allowed.