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High Court of Gujarat

THE AHMEDABAD DISTRICT COOPERATIVE BANK LIMITED THROUGH YUVRAJSINH VANRAJSINH JADEJAversusSTATE OF GUJARAT

Disposal
53-ALLOWED / GRANTED @ ADM.STAGE

Holding

Leave to appeal was granted, the appeal admitted, and a bailable warrant of Rs.5,000 issued against the original accused.

Summary

The Ahmedabad District Cooperative Bank Ltd., represented by Yuvrajsinh Vanrajsinh Jadeja, filed a criminal miscellaneous application seeking leave to appeal against a decision involving the State of Gujarat and an original accused. The original accused (respondent No.2) did not appear despite service of notice. Counsel for the applicant argued for the grant of leave to appeal. The court, noting the non‑appearance and after hearing the applicant’s counsel, granted leave to appeal and admitted the criminal appeal. Additionally, the court ordered the issuance of a bailable warrant of Rs.5,000 against the original accused. The State, represented by the Additional Public Prosecutor, waived service of notice of admission.

Issues considered

  • What is the appropriate discretion of the court in granting leave to appeal in a criminal matter?
  • Should a bailable warrant be issued against the original accused who failed to appear?

Subjects

criminal appealleave to appealbailable warrantprocedural defaultnon‑appearance

Judgment

   R/CR.MA/16347/2026                              ORDER DATED: 17/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 16347
                          of 2026

                        In R/CRIMINAL APPEAL/1917/2026

                                 With
                   R/CRIMINAL APPEAL NO. 1917 of 2026
==================================================
    THE AHMEDABAD DISTRICT COOPERATIVE BANK LIMITED THROUGH
                 YUVRAJSINH VANRAJSINH JADEJA
                             Versus
                    STATE OF GUJARAT & ANR.
==================================================
Appearance:
MR AADITYA DAVE WITH MS BHANVI JUVEKAR WITH MS PANCHAM JHALA
FOR NANAVATI ASSOCIATES(1375) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
==================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                               Date : 17/08/2026

                                 ORAL ORDER


ORDER IN CRIMINAL MISC. APPLICATION


      Though served, none has remained present on behalf of the
respondent No.2 – original accused.


      Heard learned counsel for the applicant.
      Leave to appeal is granted.


ORDER IN CRIMINAL APPEAL


      Appeal is ADMITTED. Learned Additional Public Prosecutor


                                   Page 1 of 2
         R/CR.MA/16347/2026                                                        ORDER DATED: 17/08/2026




 waives service of notice of admission for and on behalf of the
 respondent No.1 – State of Gujarat.


            Issue Bailable warrant in the sum of Rs.5,000/- (Rupees Five
 Thousand Only) against the respondent No.2 – original accused.




                                                                    (HEMANT M. PRACHCHHAK,J)
 Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 17/08/2026 17:25:30



                                                     Page 2 of 2


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