Gujarat High Court
Kadiwar Harunbhai Kasambhai vs State Of Gujarat on 1 July, 2025
NEUTRAL CITATION
R/CR.MA/18900/2015 ORDER DATED: 01/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 18900 of 2015
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KADIWAR HARUNBHAI KASAMBHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
MR MANRAJ A BAROT(6224) for the Respondent(s) No. 2
MR.KISHORE PRAJAPATI(6305) for the Respondent(s) No. 2
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/07/2025
ORAL ORDER
1. After arguing to some extent, under instructions, learned advocate Mr.Barot for the applicant does not press present application. The application stands disposed of as not pressed. All the contentions and defence of the applicant is kept open. Since FIR is of the year 2015 and investigation is completed which is reflected from report placed by ASI, Bavlu Police Station, it is expected that charge-sheet shall be filed at the earliest and learned Trial Court is also expected to decide Sessions Case in expeditious manner without being influenced by disposal of present application.
2. Needless to state that jurisprudence of refusal and grant of bail is different than disposal of quashing proceedings. Bail proceedings always dependent on sound principle of law. As far Page 1 of 2 Uploaded by SATISH C. VEMULLA(HC00206) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:34:05 IST 2025 NEUTRAL CITATION R/CR.MA/18900/2015 ORDER DATED: 01/07/2025 undefined as anticipatory bail is concerned, it is settled by judgment of Hon'ble Apex Court in the case of Sushila Agarwal v/s. State (NCT of Delhi [(2020) 5 SCC 1] and so far as regular bail is concerned, it is settled by Hon'ble Apex Court in the case of State Through C.B.I vs Amaramani Tripathi [(2005) 8 SCC 21]. Therefore, the Court shall not be influenced by fact that quashing proceedings is withdrawn in bail proceedings.
(J. C. DOSHI,J) SATISH Page 2 of 2 Uploaded by SATISH C. VEMULLA(HC00206) on Wed Jul 02 2025 Downloaded on : Thu Jul 03 02:34:05 IST 2025