High Court of Gujarat

ARVIND ASHWINKUMAR TRIVEDIversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: HASMUKH D SUTHAR

Holding

The High Court held that, having complied with the earlier interim order, the Sessions Judge's order was untenable and was therefore quashed, and the non‑bailable warrants were cancelled.

Summary

Arvind Ashwinkumar Trivedi filed revision applications under Sections 397 and 401 of the Criminal Procedure Code challenging an order dated 07‑11‑2023 of the 8th Additional Sessions Judge, which rejected his request to accept a 20% deposit of a cheque amount as condition for bail. The coordinate bench of the High Court had earlier, on 10‑11‑2023, granted interim relief, directing the applicant to be released on bail upon depositing 20% of the cheque amount, which the applicant complied with before the appellate court. The High Court observed that the applicant had already fulfilled the condition imposed by the earlier order, leaving no issue for further consideration. Consequently, the revision applications were allowed, the impugned order of the Sessions Judge was quashed, and the non‑bailable warrants issued in the related criminal appeals were cancelled. The rule was made absolute.

Issues considered

What is the effect of the applicant's compliance with the earlier interim order requiring a 20% deposit of the cheque amount on the validity of the Sessions Judge's order rejecting that deposit?
Whether a revision under Sections 397 and 401 of the CrPC is appropriate to quash the Sessions Judge's order and cancel the non‑bailable warrants.

Legislation cited

Code of Criminal Procedure, 1973s. 397, s. 401

Subjects

revisionCrPCSection 397Section 401bailnon‑bailable warrantquashinterim reliefcheque deposit

Judgment

  R/CR.RA/1450/2023                               JUDGMENT DATED: 28/04/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
           SUBORDINATE COURT) NO. 1450 of 2023
                          With
     R/CRIMINAL REVISION APPLICATION NO. 1465 of 2023
                          With
     R/CRIMINAL REVISION APPLICATION NO. 1466 of 2023
                          With
     R/CRIMINAL REVISION APPLICATION NO. 1468 of 2023


FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
==========================================================
        Approved for Reporting              Yes   No
                                                   √
==========================================================
                 ARVIND ASHWINKUMAR TRIVEDI
                              Versus
                    STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR EKANT G AHUJA(5323) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                            Date : 28/04/2026
                       COMMON JUDGMENT

      RULE. Learned APP waives service of notice of Rule for and on behalf
of the respondent – State of Gujarat. Though served, respondent No.2 has
chosen not to appear before this Court.

[1.0] By way of present revision applications under Section 397 read with
Section 401 of the Code of Criminal Procedure, 1973 (for short “CrPC”), the
applicant has prayed for quashing and setting aside of the order dated
07.11.2023 passed by the learned 8 th Additional Sessions Judge, Ahmedabad
(Rural), at Mirzapur in Criminal Appeal Nos.78, 80, 77 and 79 of 2023,



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    R/CR.RA/1450/2023                                                          JUDGMENT DATED: 28/04/2026




whereby the learned Sessions Judge rejected the application filed by the
applicant to accept 20% of the cheque amount as per the condition imposed
upon the applicant vide order dated 02.06.2023 passed by the learned
appellate Court while suspending the sentence imposed upon the applicant
vide order dated 01.05.2023 and cancel the Non Bailable Warrant issued
against the applicant and sent the applicant behind the bars.

[2.0] It appears from the record that the coordinate Bench of this Court
vide order dated 10.11.2023 while issuing notice in the present batch of
revision       applications          had       granted        interim        relief      pending         revision
applications and ordered to release the applicant on bail subject to
condition that the applicant shall deposit 20% of the cheque amount and in
compliance of the said order, the applicant has deposited 20% of the
cheque amount before the learned appellate Court.

[3.0]      In view of above, when the applicant has already deposited 20% of
the cheque amount before the learned appellate Court in compliance of the
order dated 10.11.2023 passed by the coordinate Bench of this Court,
nothing further requires to be discussed. Hence, present revision
applications are allowed and impugned order dated 07.11.2023 passed by
the learned 8th Additional Sessions Judge, Ahmedabad (Rural), at Mirzapur in
Criminal Appeal Nos.78, 80, 77 and 79 of 2023 are hereby quashed and set
aside and Non Bailable Warrants issued in respective cases are hereby
cancelled. Rule is made absolute accordingly.

         Registry to maintain a copy of this judgment in each of the revision
applications.

                                                                                           Sd/-
                                                                         (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 28/04/2026 17:36:12




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