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High Court of Gujarat

JOSEPH SAMUELversusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The anticipatory bail applications were dismissed as infructuous because the applicant was already in custody.

Summary

Joseph Samuel filed two criminal miscellaneous applications seeking anticipatory bail before the High Court of Gujarat. While these applications were pending, the applicant was arrested, rendering the applications moot. The applicant's counsel informed the Court of the arrest and the consequent futility of the bail applications. The Court examined whether the anticipatory bail applications could continue despite the arrest. Finding that the purpose of anticipatory bail is to prevent arrest, the Court held that the applications had become infructuous. Consequently, the Court disposed of both applications as infructuous.

Issues considered

  • Whether anticipatory bail applications remain viable after the applicant has been arrested

Subjects

anticipatory bailinfructuouscriminal procedurearrest

Judgment

              R/CR.MA/12434/2026                                                 ORDER DATED: 21/07/2026




                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 12434
                                   of 2026

                                          With
                       R/CRIMINAL MISC.APPLICATION NO. 12453 of 2026
        ==========================================================
                                              JOSEPH SAMUEL
                                                   Versus
                                             STATE OF GUJARAT
        ==========================================================
        Appearance:
        MR DARSHIT D THAKKAR(12434) for the Applicant(s) No. 1
        NIMIT Y SHUKLA(8338) for the Respondent(s) No. 1
        MR RONAK RAVAL, APP for the Respondent(s) No. 1
        ==========================================================

           CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                Date : 21/07/2026

                                          COMMON ORAL ORDER


                 Learned advocate for the applicant states that he has
        instructions that pending these applications, the applicant is now
        arrested and this application has become infructuous.


                 In view of the above, these applications are disposed of as
        having become infructuous.

                                                                             (SANJEEV J.THAKER,J)
        URIL RANA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 21/07/2026 16:48:14




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