JAY GHANSHYAM SINGHversusSTATE OF GUJARAT
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- GITA GOPI
Holding
The court disposed of the bail application, refusing to grant bail and directing the trial court to frame charges expeditiously, while allowing a future bail application if the trial exceeds one year.
Summary
The applicant, Jay Ghanshyam Singh, filed a successive regular bail application after the filing of a chargesheet in an NDPS case originally registered in 2022. The case has been transferred multiple times and, as of the report, the charge has not yet been framed, with a discharge application of a co‑accused pending, leading the applicant to argue that continued incarceration amounts to pre‑trial conviction. The respondent counsel relied on a Supreme Court judgment (SLA No.15548/2023) that set aside a prior bail order in a similar matter, contending that the applicant must wait for charge framing before seeking bail. The court noted that the newly designated NDPS court should frame charges within 15 days and complete the trial within one year, reserving the applicant’s right to re‑apply if the trial exceeds that period. Consequently, the bail application was disposed of without grant, with directions for expeditious trial and a provision for a future bail application after one year.
Issues considered
- Whether the applicant is entitled to successive regular bail after the filing of a chargesheet when charges have not yet been framed.
- Whether the Supreme Court’s precedent in SLA No.15548/2023 precludes granting bail in the present circumstances.
Legislation cited
Subjects
Judgment
R/CR.MA/9256/2026 ORDER DATED: 14/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 9256 of 2026
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JAY GHANSHYAM SINGH
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR BOMI H SETHNA(5864) for the Applicant(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 2
MR LB DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 14/08/2026
ORDER
1. Pursuant to the order dated 31.7.2026, a report has been
forwarded by the Principal District Judge, Valsad, informing
the status of the trial of NDPS Case no.28 of 2024 (Old Special
NDPS Case no.01 of 2022). According to the report, the case
was transferred to the Principal District Court on 1.7.2026, on
the retirement of the learned Additional Sessions Judge, where
the case was registered as NDPS Case no.01 of 2022 at Vapi,
and owing to the Noti.cation dated 5.11.2024 under Legal
Department Noti.cation no.Gk/67/102024/SPC/1092/193/D
(Part-I), the NDPS Case was transferred and renumbered as
Special NDPS Case no.28 of 2024 to the then learned
Additional Sessions Judge, Valsad, on 18.8.2024.
2. It has been recorded in the report that the Principal Court had
tried the case as Designated Court, however, as per the
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R/CR.MA/9256/2026 ORDER DATED: 14/08/2026
Hon’ble Gujarat High Court Noti.cation no. A.1201/2026[22]
dated 6.8.2026, the learned Additional District and Sessions
Judge, Valsad, has been established and noti.ed as the NDPS
Court. Thus, the proceedings will be conducted on an
expeditious trial basis. It has also been reported that accused
No.4 - Mohan Paliwal has preferred a discharge application
and the stage is for framing of charge.
3. Heard Mr. Bomi Sethna, learned advocate for the applicant.
Mr. Sethna submitted that the matter is of the year 2022 and
till today, the charge has not been framed and submitted that
it is unlikely that there would be any possibility of framing of
charge by the concerned Court in the near future. More so, it
has been reported that the discharge application of co-
accused no.4 is pending and thus, submitted that considering
the long incarceration, which would almost amount to pre-trial
conviction, the application for bail is required to be
considered.
4. Countering the arguments, learned advocate Mr. Ankit Shah
has referred to the order of the Hon’ble Supreme Court in
Petition for Special Leave to Appeal (Crl.) no.15548/2023,
whereby the challenge was given to the order of this Court
dated 18.1.2023 in Criminal Misc. Application no.15397 of
2022, wherein the Hon’ble Supreme Court had set aside the
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R/CR.MA/9256/2026 ORDER DATED: 14/08/2026
order granting bail.
5. Learned advocate Mr. Shah has also referred to the
observations made in the order of the Hon’ble Supreme Court,
while referring to Paragraphs 63 and 64 of the complaint and
thus, submitted that the applicant would have no option but to
wait for the commencement of the trial after framing of the
charge.
6. Having considered the submissions and the report of the
Principal District Judge, Valsad, now an Additional Sessions
Court has been noti.ed for taking up the cases under the
NDPS Act, and the learned Principal District Judge is hopeful
that the matter would be proceeded expeditiously.
7. In view of the same, with the positive note considering that
the learned Special Designated Judge would take up the
matter and frame the charge expeditiously, preferably within
a period of 15 days from the receipt of the report, it is
requested to the Designated Court to proceed with the trial as
expeditiously as possible and conclude the same within a
period of one year from framing of charge. In case, the trial
does not conclude within a period of one year, liberty is
reserved in favour of the applicant to prefer an application
again after a period of one year.
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R/CR.MA/9256/2026 ORDER DATED: 14/08/2026
8. In view of the above, 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 14/08/2026 17:32:57
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