DHARMESH SHAILESHBHAI FATEKAR THROUGH KAILASHBEN DHARMESHBHAI FATEKARversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- GITA GOPI
Holding
The court set aside the order of the Additional Sessions Judge and granted bail on condition of a personal bond, allowing the applicant to file a criminal appeal with condonation of delay upon deposit of the required amount.
Summary
The applicant, Dharmesh Shaileshbhai Fatekar, had a non‑bailable warrant converted to a bailable warrant on the condition of paying 20% of a cheque amount, which he could not arrange due to financial constraints. The 4th Additional Sessions Judge refused to condone a 403‑day delay in filing the appeal and ordered continued detention. The applicant subsequently deposited a demand draft of Rs 5,00,000 with the Nazir of the District Court, Ahmedabad, satisfying the financial condition. The High Court set aside the Additional Sessions Judge’s order, permitted the applicant to file a criminal appeal with a fresh delay‑condonation application, and released him on bail upon execution of a personal bond of Rs 10,000 with a surety, subject to conditions. The application for revision was allowed, and the order was communicated to the concerned court.
Issues considered
- Whether the 403‑day delay in filing the criminal appeal can be condoned.
- Whether the deposit of Rs 5,00,000 satisfies the condition for converting the warrant to bailable and warrants bail.
- Whether the order of the 4th Additional Sessions Judge should be set aside.
Subjects
Judgment
R/CR.RA/1089/2026 ORDER DATED: 24/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1089 of 2026
==========================================================
DHARMESH SHAILESHBHAI FATEKAR THROUGH KAILASHBEN
DHARMESHBHAI FATEKAR
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR SHAIVAL M PATEL(9950) for the Applicant(s) No. 1
MR NIRAJ SHARMA APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 24/04/2026
ORDER
1. It is submitted by learned advocate Mr. Shaival M.Patel
that non-bailable warrant issued against the applicant was
converted into bailable warrant by the order of this Court on
01.01.2025, but the applicant was put to condition of paying
20% of the cheque amount, the applicant at that time being in
financial crunch could not make arrangement of fund, and the
learned 4th Additional Sessions Judge observing the facts that
the proceedings before the High Court had been suppressed
and the order of the High Court has not been followed, and
thereafter the applicant had changed his address and finding
him in continuous breach of the law, did not deem it fit to
condone the delay of 403 days.
2. Today, learned advocate Mr. Patel has produced copy of
the Demand Draft of Rs.5,00,000/-, which was deposited
before the Nazir of the District Court Ahmedabad and the
endorsement of the Nazir of the District Court Ahmedabad is
recorded thereon.
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R/CR.RA/1089/2026 ORDER DATED: 24/04/2026
3. Having considered this fact, the order dated 20.03.2026
passed in Criminal Misc. Application No.710 of 2026 by the 4 th
Additional Sessions Judge, Ahmedabad (Rural) is set aside.
4. Since the applicant has deposited the amount of
Rs.5,00,000/-, let the concerned Judge now permit the
applicant to move again for filing the Criminal Appeal along
with delay condonation application.
5. Taking into consideration the facts and circumstances of
the case and when 20% of the cheque amount has been
deposited, the applicant herein is ordered to be released on
bail, if not required in any other case, on executing a
personal bond of Rs.10,000/- (Rupees Ten Thousand Only)
with one surety of the like amount to the satisfaction of the
trial Court and subject to the conditions that the applicant
shall;
[a] not take undue advantage of liberty or misuse
liberty;
[b] not leave India without prior permission of this
Court;
6. The present application is allowed. Direct service is
permitted. Registry to communicate this order to the
concerned Court/authority by Fax or Email forthwith.
(GITA GOPI,J)
Pankaj/1 (suppl.)
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PANKAJ KUMAR PRASAD(HC00967), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/04/2026 17:46:35
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