Gujarat High Court
CR.RA/1121/2026 of DHARMESH SHAILESHBHAI FATEKAR THRO. KAILASHBEN DHARMESHBHAI FATEKAR Vs STAET OF GUJARAT on 30 April 2026
30/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 1121 of 2026 ========================================================== DHARMESH SHAILESHBHAI FATEKAR THRO. KAILASHBEN DHARMESHBHAI FATEKAR Versus STAET OF
R/CR.RA/1121/2026 ORDER DATED: 30/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1121 of 2026
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DHARMESH SHAILESHBHAI FATEKAR THRO. KAILASHBEN
DHARMESHBHAI FATEKAR
Versus
STAET OF GUJARAT & ANR.
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Appearance:
MR SHAIVAL M PATEL(9950) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 30/04/2026
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ORDER
1. It is submitted by learned advocate Mr. Shaival M.Patel that non-bailable warrant issued against the applicant was converted into bailable warrant by the order of this Court on 01.01.2025, but the applicant was put to condition of paying 20% of the cheque amount, the applicant, at that time being in financial crunch, could not make arrangement of fund, and the learned 4th Additional Sessions Judge observing the facts that the proceedings before the High Court had been suppressed and the order of the High Court has not been followed, and thereafter, the applicant had changed his address and finding him in continuous breach of the law, did not deem it fit to condone the delay of 403 days.
2. Today, learned advocate Mr. Patel has produced copy of the Demand Draft of Rs.5,00,000/-, which was deposited before
R/CR.RA/1121/2026 ORDER DATED: 30/04/2026 the Nazir of the District Court, Ahmedabad and the endorsement of the Nazir of the District Court, Ahmedabad is recorded thereon.
3. Having considered this fact, the order dated 20.03.2026 passed in Criminal Misc. Application No.711 of 2026 by the 4th Additional Sessions Judge, Ahmedabad (Rural) is set aside.
4. Since the applicant has deposited the amount of Rs.5,00,000/-, let the concerned Judge now permit the applicant to move again for filing the Criminal Appeal along with delay condonation application.
5. Taking into consideration the facts and circumstances of the case and when 20% of the cheque amount has been deposited, the applicant herein is ordered to be released on bail, if not required in any other case, on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant shall; [a] not take undue advantage of liberty or misuse liberty; [b] not leave India without prior permission of this Court;
6. The present application is allowed. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith. (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 30/04/2026 16:28:12