High Court of Gujarat

KORAMBHAI NAVLABHAI BARIAversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: ILESH VORA

Holding

Anticipatory bail cannot be granted when the applicant is already arrested; the application is infractuous.

Summary

The petitioners filed an anticipatory bail application (Criminal Misc. Application No. 9581 of 2026) before the High Court of Gujarat. The applicants were already in police custody at the time of filing. The issue before the court was whether anticipatory bail could be granted when the applicant is already arrested. The court observed that an anticipatory bail application becomes infractuous if the applicant is already in custody. Consequently, the court disposed of the application as infractuous, denying anticipatory bail.

Issues considered

Can anticipatory bail be granted when the applicant is already arrested?

Subjects

anticipatory bailinfractuouscriminal procedurecustody

Judgment

         R/CR.MA/9581/2026                                                                      ORDER DATED: 02/06/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO.
                       9581 of 2026

 ==========================================================
                              KORAMBHAI NAVLABHAI BARIA & ORS.
                                           Versus
                                  STATE OF GUJARAT & ANR.
 ==========================================================
 Appearance:
 MR YM THAKKAR(902) for the Applicant(s) No. 1,2,3,4
 MS. TITHI Y. THAKKAR(18920) for the Applicant(s) No. 1
 MR. NIRAJ SHARMA, ADDL. PUBLIC PROSECUTOR for the
 Respondent(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                                  Date : 02/06/2026

                                                       ORAL ORDER


             It is reported that the applicant has already arrested. In such
 situation, the present application is disposed of as having become
 infractuous.



                                                                                                    (ILESH J. VORA,J)
 Mehul Desai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 02/06/2026 11:29:53




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