High Court of Gujarat

DHARMESH SHAILESHBHAI FATEKAR THRO. KAILASHBEN DHARMESHBHAI FATEKARversusSTAET OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: GITA GOPI

Holding

The High Court set aside the order of the 4th Additional Sessions Judge and granted bail to the applicant upon deposit of Rs.5,00,000 and execution of a personal bond, allowing him to file the appeal with a fresh delay‑condonation application.

Summary

The applicant, Dharmesh Shaileshbai 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 initially arrange due to financial constraints. The 4th Additional Sessions Judge refused to condone a 403‑day delay in filing a criminal appeal, citing procedural lapses. The applicant later produced a demand draft of Rs.5,00,000 deposited before the Nazir of the District Court, prompting the High Court to set aside the lower court’s order. The High Court allowed the revision application, directed that the applicant be released on bail upon furnishing a personal bond of Rs.10,000 with a surety, and permitted him to file the appeal with a fresh delay‑condonation application. The order also imposed conditions that the applicant not misuse his liberty and not leave India without permission.

Issues considered

Whether the order of the 4th Additional Sessions Judge refusing to condone the 403‑day delay should be set aside.
Whether the applicant is entitled to bail after depositing the required amount and furnishing a personal bond.
Whether the applicant may be permitted to file a criminal appeal with a fresh delay‑condonation application.

Subjects

bailnon‑bailable warrantconversion to bailable warrantdelay condonationcriminal revisiondemand draftpersonal bondsurety

Judgment

     R/CR.RA/1121/2026                                     ORDER DATED: 30/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
            SUBORDINATE COURT) NO. 1121 of 2026

==========================================================
        DHARMESH SHAILESHBHAI FATEKAR THRO. KAILASHBEN
                   DHARMESHBHAI FATEKAR
                            Versus
                   STAET 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 : 30/04/2026

                                   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



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     R/CR.RA/1121/2026                                                           ORDER DATED: 30/04/2026




         the      Nazir         of    the      District        Court,         Ahmedabad               and       the
         endorsement of the Nazir of the District Court, Ahmedabad is
         recorded thereon.


3.       Having considered this fact, the order dated 20.03.2026
         passed in Criminal Misc. Application No.711 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)
         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 30/04/2026 16:28:12


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