SOYEB ABDULBHAI MAMANI (SOYAB ABDULBHAI MAMANI JATE MU.MAN) (SOYAB ABDULBHAI MAMANI)versusSTATE OF GUJARAT
- Disposal
- 31-NOTICE DISCHARGED @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
The bail application is disposed of as not pressed, with liberty to revive the request if the trial is not concluded expeditiously.
Summary
The petitioner, Soyeb Abdulbhai Mamani, filed a regular bail application after the chargesheet, claiming he has been in custody since 09-08-2023 and the trial has not progressed. The applicant's counsel, however, chose not to press the bail application and instead raised the issue of trial delay. The Court noted the delay and, referencing the Supreme Court's decision in CBI v. Mir Usman, directed the trial court and prosecution to expedite the trial and submit a list of material witnesses. Consequently, the bail application was disposed of as not pressed, with liberty to revive the bail request if the trial is not concluded expeditiously. The order also discharged the notice and directed compliance with the Supreme Court precedent.
Issues considered
- Whether the bail application should be entertained given the delay in trial proceedings
- Whether the trial court must expedite the trial in accordance with the Supreme Court's decision in CBI v. Mir Usman
Subjects
Judgment
R/CR.MA/24257/2025 ORDER DATED: 09/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 24257 of 2025
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SOYEB ABDULBHAI MAMANI (SOYAB ABDULBHAI MAMANI JATE
MU.MAN) (SOYAB ABDULBHAI MAMANI)
Versus
STATE OF GUJARAT
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Appearance:
MR SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1
MR HIMANSHU PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 09/06/2026
ORDER
Heard learned advocate appearing for the respective parties.
Learned advocate for the applicant upon instructions does not
press the present application however, has raised the contention about
delay in trial since the applicant is behind the bars since 09.08.2023 and
yet trial has not substantially progressed.
In view of above, present application is disposed of as not pressed
with liberty to revive the request for bail if the trial is not concluded in
expeditious manner. Further, learned trial Court as well as learned APP is
directed to follow the decision of the Hon’ble Supreme Court in the case
of Central Bureau of Investigation vs. Mir Usman @ Ara @ Mir
Usman Ali rendered in Special Leave to Appeal (Cri.) No.969/2025
dated 22.09.2025 and expedite the trial. Prosecution is directed to
submit list of only material witnesses which they propose to examine.
Notice is hereby discharged.
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/06/2026 15:40:50
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