High Court of Gujarat
SURESHBHAI KALUBHAI RATHVAversusSTATE OF GUJARAT
- Decided
- Disposal
- DISPOSED AS INFRUCTUOUS
- Bench
- NIKHIL S KARIEL
Holding
Since the applicant had been acquitted, the bail application became infructuous and was disposed of.
Summary
The applicant, Sureshbhai Kalubhai Rathva, filed a regular bail application after the chargesheet had been filed. The trial had already concluded and the applicant was acquitted by the trial court. The petitioner’s counsel submitted that the bail application had become unnecessary. The court considered whether a bail application could remain viable after an acquittal. It held that bail is intended to secure liberty pending trial and, since the applicant was already released by acquittal, the application was infructuous. Accordingly, the court disposed of the bail application. The order reflects the dismissal of the application as moot.
Issues considered
- Whether a regular bail application filed after the trial concludes and the accused is acquitted is maintainable
Subjects
- bail
- acquittal
- infructuous application
- criminal procedure
- regular bail
Judgment
R/CR.MA/24956/2025 ORDER DATED: 18/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 24956 of 2025
========================================================
SURESHBHAI KALUBHAI RATHVA
Versus
STATE OF GUJARAT
========================================================
Appearance:
MS MAYURI SAVALIYA FOR MR.MINHAJ M SHAIKH(6847) for the Applicant(s)
No. 1
MR NIRAJ SHARMA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 18/02/2026
ORAL ORDER
Learned Advocate Ms. Mayuri Savaliya would submit that the trial
having concluded and the applicant being acquitted the present application
has become infructuous. Considering the same the application stands
disposed of accordingly.
(NIKHIL S. KARIEL,J)
NIRU
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/02/2026 14:16:05
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