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High Court of Gujarat

SURESHBHAI KALUBHAI RATHWAversusSTATE OF GUJARAT

Decided
Disposal
DISPOSED AS INFRUCTUOUS

Holding

The bail application was dismissed as infructuous because the accused had already been acquitted.

Summary

The petitioner, Minhaz M. Shaikh, filed a regular bail application after the chargesheet had been filed. The trial had already concluded, and the petitioner was acquitted of all charges. The petitioner’s counsel argued that the bail application was no longer necessary. The court examined whether a bail application could be entertained after an acquittal. Finding the application moot, the court held that there was no ground to grant bail. Consequently, the application was disposed of as infructuous.

Issues considered

  • Whether a regular bail application filed after the filing of a chargesheet is maintainable when the trial has concluded and the accused has been acquitted

Subjects

  • regular bail
  • post‑charge‑sheet bail
  • acquittal
  • application dismissed
  • mootness

Judgment

       R/CR.MA/24962/2025                                                       ORDER DATED: 18/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                   CHARGESHEET) NO. 24962 of 2025

========================================================
==
                              SURESHBHAI KALUBHAI RATHWA
                                          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 14:20:04




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