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High Court of Gujarat

GAURISHANKAR RAMSHANKAR JOSHIversusDESAI NAYANKUMAR RATILAL

Disposal
DISPOSED AS INFRUCTUOUS

Holding

The revision application became infructuous because the appellant had already completed the sentence and was released.

Summary

The High Court of Gujarat considered a criminal revision application filed by Gaurishankar Ramshankar Joshi against his conviction under the Negotiable Instruments Act, along with a regular bail application. The revision sought to challenge the conviction and sentence recorded by the Judicial Magistrate First Class, Godhra, in Criminal Case No.75/2014. The court noted that the appellant had already completed the term of imprisonment and was released on 13 April 2024 while the revision was pending. Since the sentence had been fully served, the court held that the revision application could no longer be entertained. Consequently, both the revision and the associated bail application were declared infructuous and disposed of. The order was pronounced by Justice Hasmukh D. Suthar on 10 April 2026.

Issues considered

  • Whether a criminal revision application can proceed when the appellant has already served the sentence and been released.

Legislation cited

Subjects

revisionconvictionNegotiable Instruments Actinfructuousbailcriminal procedure

Judgment

     R/CR.RA/743/2022                                                       ORDER DATED: 10/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
          NEGOTIABLE INSTRUMENT ACT) NO. 743 of 2022

                               With
     CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2022
        In R/CRIMINAL REVISION APPLICATION NO. 743 of 2022
==========================================================
                        GAURISHANKAR RAMSHANKAR JOSHI
                                    Versus
                        DESAI NAYANKUMAR RATILAL & ANR.
==========================================================
Appearance:
MR SANDIP M PATEL(5649) for the Applicant(s) No. 1
MR.KARANSINH SOLANKI(6541) for the Respondent(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 2
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                         Date : 10/04/2026

                                   COMMON ORAL ORDER


         Perusing the report submitted by learned Principal District Judge,
Panchmahals at Godhra, it appears that the accused has already served the
sentence recorded by learned JMFC, Godhra, in Criminal Case No.75/2014
and thereafter, he was released from jail on 13.04.2024 during pendency of
revision application.

         In view of the above, present revision application has become
infructuous. Accordingly, revision application and allied Misc. Application
both stand disposed of as having become infructuous. Rule discharged.




                                                                       (HASMUKH D. SUTHAR,J)
SUCHIT




  Original copy of this order has been signed by the Hon'ble Judge.
  Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 10/04/2026 15:09:19

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