IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1743 of 2026 FOR APPROVAL AND SIGNATURE: sd/-

HONOURABLE MR. JUSTICE M. R. MENGDEY ==========================================================

Approved for Reporting Yes No ✔

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HIRABHAI ARJANBHAI JOTVA Versus STATE OF GUJARAT ==========================================================

Appearance:

MR SUDHIR NANAVATI, SENIOR COUNSEL with MR MAULIN G PANDYA(3999) for the Applicant(s) No. 1 MR HARDIK DAVE, PUBLIC PROSECUTOR with MR.HIMANSHU PATEL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 10/03/2026

JUDGMENT

1. By filing the present petition under Article 226 and 227 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita, the petitioner has prayed for the following reliefs:-

A) Your Lordships may be pleased to admit and allow this application.

B) Your Lordships may be pleased to quash and set aside the impugned order dated 12.12.2025 passed by the learned District and Sessions Court, Bharuch in CRMA No.819 of 2025 cancelling the regular bail granted vide order dated 26.09.2025 passed in CRMA No.1481 of 2025 passed by the Ld. JMFC granting regular bail to the applicant vide order dated 26.09.2025 in connection with offence registered at Bharuch City ‘A’ Division Police Station, District – Bharuch vide C.R.No.11199010250535 of 2025 for offence punishable under sections 409, 406, 465, 467, 468, 471, 120(B) and 114 of the Indian Penal Code, 1860.

C) Pending hearing and till final disposal of this petition be pleased to stay the further operation and execution of the order dated 12.12.2025 passed by learned District and Sessions Judge, Bharuch in CRMA No.819 of 2025.

D) An ex-parte ad-interim relief in terms of Prayer (C)

above may kindly be granted.

2. The facts and circumstances giving rise to filing of the present petition are such that the FIR being C.R.No. 11199010250535 of 2025 came to be registered with Bharuch City ‘A’ Division Police Station, District – Bharuch on 30^th May, 2025 for the offence punishable under Sections 409, 406, 465, 467, 468, 471, 120(B) and 114 of the IPC. After lodgement of the F.I.R., the petitioner came to be arrested in connection with the same on 26^th June, 2025. Thereafter, the petitioner preferred an application seeking regular bail before the learned trial Court which was dismissed by the learned trial court. The petitioner then approached the learned Sessions Court seeking regular bail, which was also dismissed by the learned Sessions Court. Thereafter, the petitioner approached this Court seeking regular bail and the said application came to be withdrawn since this Court was not inclined to use discretion in favour of the petitioner during the pendency of the investigation. The investigating agency concluded the investigation and submitted a Charge-sheet against the petitioner and the other co-accused. After the filing of the Charge-sheet, the petitioner again approached the learned trial Court seeking regular bail by filing Criminal Miscellaneous Application No.1481 of 2025 and the learned Chief Judicial Magistrate, Bharuch vide order dated 26^th September, 2025 allowed the said application and the petitioner was ordered to be enlarged on bail.

2.1 Being aggrieved by the said order, the prosecution approached the learned Sessions Court, Bharuch by filing Criminal Misc. Application No.819 of 2025 under Section 483(3) of the BNSS. The learned Sessions Court vide order dated 12.12.2025 allowed the said application filed by the prosecution and cancelled the bail granted to the petitioner. Being aggrieved by the said order, initially the petitioner approached this Court by filing Criminal Revision Application. However, the Coordinate Bench of this Court held that the order rejecting and cancelling the bail is an interlocutory order against w