High Court of Gujarat
SHERSINH@ SURAJSINH RANJITSINH KHIRCHIversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The Court held that, on a prima facie basis, the applicant is entitled to regular bail and may be released subject to prescribed conditions.
Summary
The applicant, arrested under FIR C.R. No. 11189004241242 for offences under IPC sections 380, 457 and 114, had earlier been granted regular bail by the Sessions Court subject to appearing twice a month, but the bail was cancelled after he violated that condition. He filed a regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The High Court examined the nature of the allegations, the maximum punishment, and the applicant's willingness to comply with any conditions. Finding a prima facie case and exercising its discretion, the Court held that bail could be re‑granted. Accordingly, the Court ordered the applicant released on bail upon execution of a Rs.25,000 bond with a surety and imposed several conditions for his conduct during the trial.
Issues considered
- Whether the applicant is entitled to regular bail after the earlier bail was cancelled for violation of conditions
- Whether Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies to the present application
- Whether the High Court may exercise its discretion to grant bail despite the applicant's prior non‑compliance
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 114, 380, 457
Subjects
- regular bail
- chargesheet
- Section 483 BNSS 2023
- IPC offences
- bail conditions
- high court discretion
- cancellation of bail
Judgment
R/CR.MA/5301/2026 ORDER DATED: 05/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 5301 of 2026
==========================================================
SHERSINH SURAJSINH RANJITSINH KHIRCH
Versus
STATE OF GUJARAT
==========================================================
Appearance:
CHAUHAN DHWANIKA RAJESHBHAI(14066) for the Applicant(s) No. 1
MR J K SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 05/03/2026
ORAL ORDER
1. Heard learned advocate Mr. Rajesh Chauhan for learned Advocate
Ms. Dhwanika Chauhan for the applicant and learned APP Mr. J.K. Shah
for the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicant has filed this application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on
Regular Bail in connection with FIR being C.R. No. 11189004241242 of
2024 registered with Morbi City ‘B’ Division Police Station, District
Morbi, for the offence punishable under Sections 380, 457 and 114 of the
Indian Penal Code.
4. It would appear that the applicant having been arrested in
connection with the aforesaid FIR, had applied for regular bail before the
learned Sessions Court and whereas vide an order dated 20.02.2025 in
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R/CR.MA/5301/2026 ORDER DATED: 05/03/2026
Criminal Misc. Application No. 254 of 2025, the learned Sessions Court
had enlarged the present applicant on regular bail subject to certain
conditions, the condition relevant for the purpose of the present
application being that the applicant was required to mark his presence
twice a month till the charge-sheet is filed and whereas since the said
condition had been violated, the Investigating Officer had filed an
application before the learned Trial Court requesting that the bail granted
to the present applicant may be cancelled and whereas vide an order dated
22.08.2025, the learned Trial Court had been pleased to cancel the bail
granted to the applicant on the ground that the applicant has violated the
bail conditions.
5. Having heard learned Advocates appearing on behalf of the
respective parties and having perused the papers, the following aspects
have been considered :
(i) The fact of the applicant being in custody since 23.08.2025 even
after the applicant having been released on bail in the substantive offence.
(ii) The submission made by learned Advocate Mr. Chauhan on behalf
of the applicant that would comply with any condition that may be
imposed by this Court and whereas violation thereof may result in the
liberty granted to the applicant being cancelled for a substantive period.
(iii) The fact of the maximum punishment that could be imposed upon
the present applicant considering that the offence is one punishable under
Section 380 etc. of the IPC.
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R/CR.MA/5301/2026 ORDER DATED: 05/03/2026
6. In the facts and circumstances of the case and considering the
nature of the allegations made against the applicant in the First
Information Report, without discussing the evidence in detail, prima
facie, this Court is of the opinion that this is a fit case to exercise the
discretion and enlarge the applicant on regular bail.
7. Hence, the present application is allowed. The applicant is ordered
to be released on bail in connection with FIR being C.R. No.
11189004241242 of 2024 registered with Morbi City ‘B’ Division Police
Station, District Morbi, on executing a bond of Rs.25,000/- (Rupees
Twenty Five Thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that he shall;
[a] mark presence before the concerned Police Station once a
month till the conclusion of the trial.
[b] attend the trial regularly;
[c] not remain absent on two consecutive dates without any
reasonable cause and without giving an application for
exemption before the Trial Court;
[d] not take undue advantage of liberty or misuse liberty;
[e] not act in a manner injurious to the interest of the
prosecution;
[f] surrender passport, if any, to the lower court within a week;
[g] not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[h] furnish the present address of residence to the I.O. and also
to the Court at the time of execution of the bond and shall
not change the residential address without prior intimation to
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R/CR.MA/5301/2026 ORDER DATED: 05/03/2026
the Investigating Officer.
8. The Authorities will release the applicant only if he is not required
in connection with any other offence for the time being. If breach of any
of the above conditions is committed, the Sessions Court concerned will
be free to take appropriate action in the matter.
9. Bail bond to be executed before the lower Court having
jurisdiction to try the case. It will be open for the concerned Court to
delete, modify and/or relax any of the above conditions in accordance
with law.
10. At the stage of trial, the trial court shall not be influenced by any
observations of this Court which are of preliminary nature made at this
stage, only for the purpose of considering the application of the applicant
for being released on regular bail.
11. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 06/03/2026 11:03:45
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