XXXX THRO. BALVANTBHAI MASABHAI MAKWANA (FATHER OF CHILD CONFLICT WITH LAW)versusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- GITA GOPI
Holding
The application is dismissed as it was filed in the wrong forum; the appeal must be filed before the Children’s Court.
Summary
The petitioner, a father, filed a criminal revision application seeking regular bail for his child in the High Court of Gujarat, despite the matter involving a child and being required to be filed before the Children’s Court. The court observed that the application was inadvertently filed in the wrong forum and that procedural law mandates filing the appeal before the Children’s Court. Consequently, the court held that the High Court lacks jurisdiction to entertain the bail application. The petitioner was directed to approach the appropriate Children’s Court to seek condonation of delay and regular bail. The application was therefore disposed without any order on bail.
Issues considered
- Whether the High Court has jurisdiction to entertain a regular bail application filed in lieu of the Children’s Court?
Subjects
Judgment
R/CR.RA/936/2026 ORDER DATED: 06/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR REGULAR BAIL) NO. 936 of
2026
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XXXX THRO. BALVANTBHAI MASABHAI MAKWANA (FATHER OF CHILD
CONFLICT WITH LAW)
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS RAKSHA S KHATED(12987) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 06/05/2026
ORDER
It appears that inadvertently, the matter has been filed here
making a prayer for regular bail without approaching the Children’s
Court. The appeal was required to be filed before the Children’s
Court. Thus, it would be open for the applicant to agitate the
pendency of the matter for making a prayer for condoning the delay
in filing the appeal.
Accordingly, 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 06/05/2026 17:28:23
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