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.
                       ==========================================================
                       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

NEUTRAL CITATION

R/CR.MA/18900/2015 ORDER DATED: 01/07/2025

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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