JOSEPH SAMUELversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The anticipatory bail applications were dismissed as infructuous because the applicant was already in custody.
Summary
Joseph Samuel filed two criminal miscellaneous applications seeking anticipatory bail before the High Court of Gujarat. While these applications were pending, the applicant was arrested, rendering the applications moot. The applicant's counsel informed the Court of the arrest and the consequent futility of the bail applications. The Court examined whether the anticipatory bail applications could continue despite the arrest. Finding that the purpose of anticipatory bail is to prevent arrest, the Court held that the applications had become infructuous. Consequently, the Court disposed of both applications as infructuous.
Issues considered
- Whether anticipatory bail applications remain viable after the applicant has been arrested
Subjects
Judgment
R/CR.MA/12434/2026 ORDER DATED: 21/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 12434
of 2026
With
R/CRIMINAL MISC.APPLICATION NO. 12453 of 2026
==========================================================
JOSEPH SAMUEL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR DARSHIT D THAKKAR(12434) for the Applicant(s) No. 1
NIMIT Y SHUKLA(8338) for the Respondent(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 21/07/2026
COMMON ORAL ORDER
Learned advocate for the applicant states that he has
instructions that pending these applications, the applicant is now
arrested and this application has become infructuous.
In view of the above, these applications are disposed of as
having become infructuous.
(SANJEEV J.THAKER,J)
URIL RANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 21/07/2026 16:48:14
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