Supreme Court – Daily Orders
Chandbhai Allarakkha Patel vs Kantibhai Bhikhabhai Panchal on 26 February, 2026
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). OF 2026
(@ SPECIAL LEAVE PETITION (CRL.) NO(S).16362/2025)
CHANDBHAI ALLARAKKHA PATEL APPELLANT
VERSUS
KANTIBHAI BHIKHABHAI PANCHAL & ANR. RESPONDENTS
O R D E R
Leave granted.
This appeal challenges the order dated 19.09.2025
passed by the High Court of Gujarat at Ahmedabad in
R/Criminal Misc. Application (For Cancellation of Bail)
No. 8394 of 2024 in R/Criminal Misc. Application No.
9138 of 2023.
Apprehending arrest in connection with crime
registered pursuant to F.I.R No.11216004230042 of 2023
lodged with Dabhoda Police Station, District
Gandhinagar in respect of the offences punishable under
Sections 406, 420, 465, 467, 468, 471 and 120B of the
Indian Penal Code, 1860 [for short, “IPC”], an
application for anticipatory bail was filed by the
appellant and the same was allowed by the High Court
Signature Not Verified vide order dated 03.10.2023. Subsequently, an
Digitally signed by
BORRA LM VALLI
Date: 2026.02.26
17:34:56 IST
Reason:
application for cancellation of the anticipatory bail
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granted to the appellant was preferred by the
complainant. The said application was allowed, and the
anticipatory bail granted to the appellant came to be
cancelled vide impugned order dated 19.09.2025. Hence,
the instant appeal has been preferred.
This Court vide order dated 15.10.2025 issued
notice and granted stay of the impugned order
cancelling anticipatory bail.
We have heard learned counsel for the appellant
in support of the appeal; learned counsel for the first
respondent-Complainant; and learned counsel for the
second respondent-State.
Learned counsel for the appellant submitted that
by order dated 03.10.2023 the High Court had granted
the relief of anticipatory bail in Criminal
Miscellaneous Application for Anticipatory Bail
No.9138/2023; that by the impugned order dated
19.09.2025 the High Court has cancelled the bail owing
essentially to the reason that the appellant did not
remain present before the police station on 10.10.2023
between 11:00 AM and 02:00 PM. He submitted that the
reason as to why the appellant could not be present
before the police station on the said date was owing to
the illness of his son who later died. He contended the
same that could not be the reason for cancelling the
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relief of anticipatory bail granted almost two years
earlier; that the appellant has been cooperating in the
trial and there is no cause for any delay in the trial
on account of the appellant herein; that this Court by
interim order dated 15.10.2025 has stayed the interim
order. In the circumstances, the relief of anticipatory
bail may be granted to the appellant herein by setting
aside the impugned order.
Per contra, learned counsel for the first
respondent-Complainant contended that there is no merit
in this appeal and the High Court was justified in
cancellation of the bail as the appellant is habitually
committing similar offences and he is on regular bail
in another matter.
Learned counsel for the second respondent-State
contended that the appellant has not fully cooperated
in the matter during the time of investigation and
therefore, this Court may not grant any relief to the
appellant herein.
Considering the circumstances on record, in our
view, the appellant is entitled to the relief claimed
under Section 438 of the CrPC, 1973.
We, therefore, allow this appeal and set aside
the order passed by the High Court dated 19.09.2025.
We direct that in the event of arrest of the
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appellant, the Arresting Officer shall release the
appellant on bail subject to furnishing cash security
in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand
only) with two like sureties.
It is directed that the appellant shall extend
complete cooperation in the ensuing trial.
The appellant shall not misuse his liberty and
shall not in any way influence the witnesses or tamper
with the material on record.
With the aforesaid directions, the appeal is
allowed.
………………………………………………………, J
(B.V. NAGARATHNA)
…………………………………………………………, J
(UJJAL BHUYAN)
NEW DELHI
FEBRUARY 26, 2026
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ITEM NO.3 COURT NO.4 SECTION II-E
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.)
NO(S).16362/2025
[ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 19-
09-2025 IN CRLMA NO. 8394/2024 PASSED BY THE HIGH COURT OF
GUJARAT AT AHMEDABAD]
CHANDBHAI ALLARAKKHA PATEL PETITIONER(S)
VERSUS
KANTIBHAI BHIKHABHAI PANCHAL & ANR. RESPONDENT(S)
IA NO. 261367/2025 – EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT
IA NO. 261369/2025 – EXEMPTION FROM FILING O.T.
IA NO. 263430/2025 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
Date : 26-02-2026 This matter was called on for hearing
today.
CORAM : HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) : Mr. Kailas Bajirao Autade, AOR
Mr. Prasad Hegde, Adv.
Mr. Saurabh Ghag, Adv.
Mr. Mukesh Shah, Adv.
Mr. Prejas Shah, Adv.
Mr. Jigar Salvi, Adv.
For Respondent(s) : Mr. Shubham Jain, AOR
Ms. Swati Ghildiyal, AOR
Mr. Nimesh Bhatt, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
Appeal is allowed in terms of the signed order,
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which is placed on file.
Pending application(s), if any, shall stand
disposed of.
(B. LAKSHMI MANIKYA VALLI) (DIVYA BABBAR)
COURT MASTER (SH) COURT MASTER (NSH)
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