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High Court of Gujarat

BALOCH MAHEBUB @ KANGAROO CHHOTEKHANversusSTATE OF GUJARAT

Decided
Disposal
DISPOSED AS INFRUCTUOUS

Holding

The bail application is dismissed as infructuous because the FIR has been quashed.

Summary

The petitioner, Baloch Mahebub, filed a regular bail application after the chargesheet had been filed. The Coordinate Bench of the Gujarat High Court had earlier quashed the FIR in Criminal Misc. Application No.2848/2026. The petitioner’s counsel argued that the bail application should not proceed in view of the FIR being quashed. The Court held that with the FIR quashed, the chargesheet no longer existed, rendering the bail application infructuous. Consequently, the application was disposed of as infructuous and the notice was discharged.

Issues considered

  • Whether a regular bail application filed after a chargesheet remains maintainable when the FIR on which the chargesheet is based has been quashed?

Subjects

  • regular bail
  • chargesheet
  • FIR quash
  • infructuous application
  • criminal procedure

Judgment

         R/CR.MA/26532/2025                                                        ORDER DATED: 17/02/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                      CHARGESHEET) NO. 26532 of 2025

   ==========================================================
                     BALOCH MAHEBUB @ KANGAROO CHHOTEKHAN
                                      Versus
                                STATE OF GUJARAT
   ==========================================================
   Appearance:
   MR. HARSH M UPADHYAY(17556) for the Applicant(s) No. 1
   MR JAY MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.
   1
   ==========================================================

      CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                               Date : 17/02/2026

                                                 ORAL ORDER


             Learned            advocate            Mr.Chintan              Acharya            for      learned

   advocate Mr.Harsh Upadhyay appearing on behalf of the

   applicant would submit that learned Coordinate Bench of this

   Court          vide       order         dated         12.02.2026              in     Criminal            Misc.

   Application No.2848/2026 having quashed the FIR, the

   present application would not survive.

             Hence, the present application stands disposed of as

   having become infructuous. Notice is discharged.



                                                                                      (NIKHIL S. KARIEL,J)
   Bhoomi

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 17/02/2026 15:52:28




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