High Court of Gujarat
BALOCH MAHEBUB @ KANGAROO CHHOTEKHANversusSTATE OF GUJARAT
- Decided
- Disposal
- DISPOSED AS INFRUCTUOUS
- Bench
- NIKHIL S KARIEL
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
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BALOCH MAHEBUB @ KANGAROO CHHOTEKHAN
Versus
STATE OF GUJARAT
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Appearance:
MR. HARSH M UPADHYAY(17556) for the Applicant(s) No. 1
MR JAY MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.
1
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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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