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High Court of Gujarat

JAY GHANSHYAM SINGHversusSTATE OF GUJARAT

Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The court disposed of the bail application, refusing to grant bail and directing the trial court to frame charges expeditiously, while allowing a future bail application if the trial exceeds one year.

Summary

The applicant, Jay Ghanshyam Singh, filed a successive regular bail application after the filing of a chargesheet in an NDPS case originally registered in 2022. The case has been transferred multiple times and, as of the report, the charge has not yet been framed, with a discharge application of a co‑accused pending, leading the applicant to argue that continued incarceration amounts to pre‑trial conviction. The respondent counsel relied on a Supreme Court judgment (SLA No.15548/2023) that set aside a prior bail order in a similar matter, contending that the applicant must wait for charge framing before seeking bail. The court noted that the newly designated NDPS court should frame charges within 15 days and complete the trial within one year, reserving the applicant’s right to re‑apply if the trial exceeds that period. Consequently, the bail application was disposed of without grant, with directions for expeditious trial and a provision for a future bail application after one year.

Issues considered

  • Whether the applicant is entitled to successive regular bail after the filing of a chargesheet when charges have not yet been framed.
  • Whether the Supreme Court’s precedent in SLA No.15548/2023 precludes granting bail in the present circumstances.

Legislation cited

Subjects

bailNDPS Actpre‑trial detentionchargesheetexpeditious trialsuccessive regular bailcriminal procedure

Judgment

     R/CR.MA/9256/2026                              ORDER DATED: 14/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
             AFTER CHARGESHEET) NO. 9256 of 2026
==========================================================
                          JAY GHANSHYAM SINGH
                                  Versus
                         STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR BOMI H SETHNA(5864) for the Applicant(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 2
MR LB DABHI, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MS. JUSTICE GITA GOPI
                  Date : 14/08/2026
                      ORDER

1.     Pursuant to the order dated 31.7.2026, a report has been

       forwarded by the Principal District Judge, Valsad, informing

       the status of the trial of NDPS Case no.28 of 2024 (Old Special

       NDPS Case no.01 of 2022). According to the report, the case

       was transferred to the Principal District Court on 1.7.2026, on

       the retirement of the learned Additional Sessions Judge, where

       the case was registered as NDPS Case no.01 of 2022 at Vapi,

       and owing to the Noti.cation dated 5.11.2024 under Legal

       Department        Noti.cation   no.Gk/67/102024/SPC/1092/193/D

       (Part-I), the NDPS Case was transferred and renumbered as

       Special NDPS Case no.28 of 2024 to the then learned

       Additional Sessions Judge, Valsad, on 18.8.2024.


2.     It has been recorded in the report that the Principal Court had

       tried the case as Designated Court, however, as per the



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     R/CR.MA/9256/2026                                     ORDER DATED: 14/08/2026




       Hon’ble Gujarat High Court Noti.cation no. A.1201/2026[22]

       dated 6.8.2026, the learned Additional District and Sessions

       Judge, Valsad, has been established and noti.ed as the NDPS

       Court. Thus, the proceedings will be conducted on an

       expeditious trial basis. It has also been reported that accused

       No.4 - Mohan Paliwal has preferred a discharge application

       and the stage is for framing of charge.


3.     Heard Mr. Bomi Sethna, learned advocate for the applicant.

       Mr. Sethna submitted that the matter is of the year 2022 and

       till today, the charge has not been framed and submitted that

       it is unlikely that there would be any possibility of framing of

       charge by the concerned Court in the near future. More so, it

       has been reported that the discharge application of co-

       accused no.4 is pending and thus, submitted that considering

       the long incarceration, which would almost amount to pre-trial

       conviction,       the   application    for   bail   is   required      to     be

       considered.


4.     Countering the arguments, learned advocate Mr. Ankit Shah

       has referred to the order of the Hon’ble Supreme Court in

       Petition for Special Leave to Appeal (Crl.) no.15548/2023,

       whereby the challenge was given to the order of this Court

       dated 18.1.2023 in Criminal Misc. Application no.15397 of

       2022, wherein the Hon’ble Supreme Court had set aside the


                                     Page 2 of 4
     R/CR.MA/9256/2026                                      ORDER DATED: 14/08/2026




       order granting bail.


5.     Learned       advocate   Mr.     Shah        has   also   referred     to      the

       observations made in the order of the Hon’ble Supreme Court,

       while referring to Paragraphs 63 and 64 of the complaint and

       thus, submitted that the applicant would have no option but to

       wait for the commencement of the trial after framing of the

       charge.


6.     Having considered the submissions and the report of the

       Principal District Judge, Valsad, now an Additional Sessions

       Court has been noti.ed for taking up the cases under the

       NDPS Act, and the learned Principal District Judge is hopeful

       that the matter would be proceeded expeditiously.


7.     In view of the same, with the positive note considering that

       the learned Special Designated Judge would take up the

       matter and frame the charge expeditiously, preferably within

       a period of 15 days from the receipt of the report, it is

       requested to the Designated Court to proceed with the trial as

       expeditiously as possible and conclude the same within a

       period of one year from framing of charge. In case, the trial

       does not conclude within a period of one year, liberty is

       reserved in favour of the applicant to prefer an application

       again after a period of one year.



                                      Page 3 of 4
      R/CR.MA/9256/2026                                                           ORDER DATED: 14/08/2026




8.       In view of the above, the present application stands disposed

         of.

                                                                                               (GITA GOPI,J)
         Maulik

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAULIK RAJESH PANDYA(HC00205), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/08/2026 17:32:57




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