MANDEEPSINH GIRVANSINH GOHILversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
Holding
The court disposed of the anticipatory bail application, directing the investigating officer to comply with Supreme Court precedents and to give the applicant a seven‑day notice before any arrest.
Summary
Mandeepsinh Girvansinh Gohil applied for anticipatory bail, stating his willingness to cooperate with the investigation and to appear before the investigating officer on 5 March 2026. The court examined the submissions and directed the investigating officer to adhere to Supreme Court rulings in Arnesh Kumar v. State of Bihar, Satender Kumar Antil v. CBI, and Md. Asfak Alam v. State of Jharkhand regarding the procedure for arrest. It emphasized that the grounds of arrest must be communicated to the magistrate and that the magistrate should not mechanically authorize detention. The court further ordered that, if arrest becomes necessary, a seven‑day notice must be given to the applicant prior to arrest. Consequently, the anticipatory bail application was disposed of with these procedural directions.
Issues considered
- Whether anticipatory bail should be granted to the applicant
- Whether the investigating officer must provide a seven‑day notice before arrest in accordance with Supreme Court jurisprudence
Subjects
Judgment
R/CR.MA/4649/2026 ORDER DATED: 24/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 4649
of 2026
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MANDEEPSINH GIRVANSINH GOHIL
Versus
STATE OF GUJARAT
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Appearance:
MR PRITESHKUMAR A VAGHELA(10078) for the Applicant(s) No. 1
MS. MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 24/02/2026
ORAL ORDER
Learned advocate Mr. A.S. Timbaliya on behalf of learned
advocate Mr. P.A. Vaghela for the applicant, under instructions,
states that the applicant is ready and willing to co-operate with
the investigation, and will appear before the investigating o!cer
on 05.03.2026.
Having considered the submissions and the documents
produced on record, the Investigating O!cer is directed to
scrupulously follow the proposition of law as settled by the
Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of
Bihar, reported in (2014) 8 SCC 273, in case of Satender Kumar
Antil Vs. Central Bureau of Investigation & Anr., reported in
(2022) 10 SCC 51 and in case of Md. Asfak Alam Vs. State of
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R/CR.MA/4649/2026 ORDER DATED: 24/02/2026
Jharkhand & Anr., reported in 2023 SCC OnLine SC 892 and
also inform about the grounds of arrest, if needed, to learned
Magistrate and even the learned Magistrate before mechanically
authorizing the detention of the applicant shall follow the dictum
of the Hon'ble Supreme Court in the aforesaid decisions.
In case, the Investigating O!cer needs to arrest the
applicant, notice of 7 days shall be given to the applicant prior to
such arrest.
In view of the above, the present application stands
disposed of.
(UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 24/02/2026 16:31:34
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