RAKESH @ROCKEY CHANDRAKANT BHAGCHANDANIversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
The application is disposed of as withdrawn, with liberty to revive the bail request if the trial is not conducted expeditiously.
Summary
Rakesh Chandrakant Bhagchandani filed a regular bail application after the filing of a chargesheet. During the hearing, his counsel sought to withdraw the application while requesting that the trial be expedited. The Court allowed the withdrawal, disposing of the application, but granted the applicant liberty to file a fresh bail petition if the trial is not concluded expeditiously. The Court also directed the trial court and the applicant to follow the Supreme Court’s decision in Central Bureau of Investigation v. Mir Usman (SLA No.969/2025) regarding speedy trial. Consequently, the bail application was withdrawn with a conditional right to revive it, and the trial was ordered to be sped up.
Issues considered
- Whether a regular bail application filed after a chargesheet can be withdrawn by the applicant.
- Whether the trial must be expedited in accordance with the Supreme Court’s decision in CBI v. Mir Usman.
Subjects
Judgment
R/CR.MA/16054/2026 ORDER DATED: 16/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 16054 of 2026
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RAKESH @ROCKEY CHANDRAKANT BHAGCHANDANI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/07/2026
ORDER
After arguing for sometime, when the Court is not inclined,
learned advocate for the applicant upon instructions seeks permission
to withdraw the present application however, has requested to
expedite the trial.
In view of above, present application is disposed of as
withdrawn with liberty to revive the request for bail if the trial is not
concluded in expeditious manner. Further, learned trial Court as well
as learned APP is directed to follow the decision of the Hon’ble
Supreme Court in the case of Central Bureau of Investigation vs. Mir
Usman @ Ara @ Mir Usman Ali rendered in Special Leave to Appeal
(Cri.) No.969/2025 dated 22.09.2025 and expedite the trial.
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/07/2026 14:16:45
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