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High Court of Gujarat

ZUBAIR SHAUKAT AHMED MUNSHIversusSTATE OF GUJARAT

Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The Court disposed of the appeal as withdrawn, granting liberty to file a fresh appeal after the Supreme Court's decision.

Summary

The appellant, Zubair Shaukat Ahmed Munshi, filed a regular bail application after the filing of a chargesheet. The appeal was pending before the Gujarat High Court while a co-accused, Sumerabanu, had a matter before the Supreme Court scheduled for 24 April 2026. The appellant's senior counsel sought a two‑week adjournment to await the Supreme Court decision, but the Court directed the counsel to proceed as the bail application had been pending for a long time. The counsel indicated that he would not press the present appeal on its merits and requested liberty to file a fresh appeal after the Supreme Court's ruling. The Court disposed of the present appeal as withdrawn, granting liberty to file a fresh appeal subject to the outcome of Special Leave to Appeal (Criminal) No. 4230 of 2026, and ordered the Registry to provide true copies of the order. No merits of the bail application were considered.

Issues considered

  • Whether the appellant should be granted a two‑week adjournment in the regular bail appeal pending the Supreme Court decision in the co‑accused's case.
  • Whether the present regular bail appeal should be proceeded with or withdrawn in view of the pending Supreme Court matter.

Subjects

regular bailchargesheetappeal withdrawaladjournmentSupreme Court pendingprocedural liberty

Judgment

     R/CR.A/312/2024                                  ORDER DATED: 23/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
                        312 of 2024

==========================================================
                       ZUBAIR SHAUKAT AHMED MUNSHI
                                   Versus
                          STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR IH SYED, SR. ADVOCATE WITH MR ANIQ A KADRI(11256) for the
Appellant(s) No. 1
MR ANKIT SHAH(6371) for the Opponent(s)/Respondent(s) No. 2
MS MEGHA CHITALIYA APP for the Respondent No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
       and
       HONOURABLE MR. JUSTICE R. T. VACHHANI

                              Date : 23/03/2026

                           ORAL ORDER
            (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.    We have heard learned Senior Counsel Mr. IH Syed
assisted by Mr. Aniq Kadri and Mr. Ankit Shah, learned
counsel       and      Mr.   L.B.   Dabhi,        learned    APP      for       the
respondent State.


2.    It is requested by the learned Senior Counsel that,
two weeks time may be granted, as the matter of co-
accused namely Sumerabanu is pending before the Apex
Court and next date of hearing is on 24.04.2026.


3.    Against this, we have requested the learned Senior
Counsel to proceed with the matter, as since long the
application for bail and suspension of sentence is pending


                                    Page 1 of 2
        R/CR.A/312/2024                                                             ORDER DATED: 23/03/2026




for hearing.


4.        In that view of the matter, the learned counsel Mr.
Aniq Kadri does not press this appeal (Regular Bail) on
merits and seeks liberty to 4le fresh appeal as and when
the co-accused matter is decided by the Supreme Court.


5.        Accordingly,                  present              appeal            is      disposed               of      as
withdrawn with a liberty to 4le a fresh appeal subject to
outcome of Special Leave to Appeal (Cri,) 4230 of 2026.
We have not entered into the merits of the case. So as to
enable the appellant to 4le a fresh Appeal, Registry is
directed to handover the true copies of the order and
annexures to the counsel of the appellant by replacing
xerox copies of the same.


                                                                                            (ILESH J. VORA,J)



                                                                                         (R. T. VACHHANI, J)
P.S. JOSHI


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 24/03/2026 11:06:14




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