Gujarat High Court
Suresh @ Suriyo Samatbhai Khara (Sc) vs State Of Gujarat on 2 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/7420/2026 ORDER DATED: 02/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7420 of 2026
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SURESH @ SURIYO SAMATBHAI KHARA (SC)
Versus
STATE OF GUJARAT
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Appearance:
DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1
MR JK SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 02/04/2026
ORAL ORDER
1. Heard learned Advocate Mr. Denish Mavadhiya appearing
on behalf of the appellant and learned Additional Public
Prosecutor Mr. J.K.Shah appearing on behalf of the
respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The appellant has filed this appeal under Section 14(1) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act read with Section 483 of the Bharatiya Nagarik
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NEUTRAL CITATION
R/CR.MA/7420/2026 ORDER DATED: 02/04/2026
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Suraksha Sanhita, 2023 for enlarging the appellant on Regular
Bail in connection with FIR being C.R. No. 11203023211183 of
2021 registered with ‘A’ Division Police Station, Junagadh,
District Junagadh, for the offence punishable under Sections
302, 102(B), 143, 147, 148, 149, 201 and 34 of the Indian
Penal Code, Section 135 of the Gujarat Police Act and Section
3(2)(5) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act and Section 135 of the Gujarat
Police Act.
4. Learned advocate for the appellant would submit that
considering the role attributed to the appellant, and nature of
the allegation levelled, the appellant may be enlarged on
regular bail. It is further submitted that since the charge-sheet
is filed, no useful purpose would be served by keeping the
appellant in jail for indefinite period. It is further contended
that the appellant is ready and willing to abide by all the
conditions that may be imposed by this Court if released on
bail.
5. As against the same, learned Additional Public Prosecutor
appearing for the respondent – State has vehemently objected
to the grant of regular bail. Learned APP has submitted that
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NEUTRAL CITATION
R/CR.MA/7420/2026 ORDER DATED: 02/04/2026
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looking to the nature of offence and the role attributed to the
present appellant as coming out from the charge-sheet, this
Court may not exercise the discretion in favour of the
appellant and the appeal may be dismissed.
6. I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-
i. The present application being considered on the ground
of delay in trial, more particularly it appears that the
present applicant is in custody since 04.06.2021 and
whereas the trial is neither on the verge of conclusion nor
does it appear that the trial would conclude in the near
future.
ii. It would appear in this regard that the charge-sheet lists
around 157 witnesses and whereas it would appear that a
learned Co-ordinate Bench vide an order dated 03.11.2025
had called the report from the learned Trial Court as
regards the status of the trial and whereas it would appear
that vide report dated 10.11.2025, the learned Trial Court
had informed that around 110 witnesses are yet to be
examined and whereas the learned Trial Court would
require at least one year for completing the trial.
iii. This Court has also considered the fact that a co-accused
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NEUTRAL CITATIONR/CR.MA/7420/2026 ORDER DATED: 02/04/2026
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namely Rushijraj@ Lalo @ Letest S/o Rashmikantbhai
Takatsinh Thakor Purabiya Darbar had been released on
regular bail by this Court vide order dated 13.03.2026 in
Criminal Appeal No. 2624 of 2025, more particularly it
would appear that the role attributed to the present
applicant and the role attributed to the said accused being
almost similar in nature, i.e. of assaulting the deceased with
sharp edged weapons. This Court has also taken into
consideration orders dated 05.08.2025 and 14.10.2025 by
the learned Co-ordinate bench releasing the co-accused.
iv. Considering such a situation, though the trial is in
progress, yet, at observed hereinabove, it may take
substantial time for the trial to conclude, this Court is
inclined to consider the present application, albeit with
appropriate safeguards.
This Court has taken into consideration the law laid
down by the Hon’ble Apex Court in the case of Sanjay
Chandra v. Central Bureau of Investigation reported in [2012] 1
SCC 40.
7. In the facts and circumstances of the case and
considering the nature of the allegations made against the
appellant in the First Information Report, without discussing
the evidence in detail, prima facie, this Court is of the opinion
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that this is a fit case to exercise the discretion and enlarge the
appellant on regular bail.
8. Hence, the present appeal is allowed. The appellant is
ordered to be released on bail in connection with FIR being
C.R. No. 11203023211183 of 2021 registered with ‘A’ Division
Police Station, Junagadh, District Junagadh, on executing a
bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with
one surety of the like amount to the satisfaction of the trial
Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the
prosecution;
[c] surrender passport, if any, to the lower court within a
week;
[d] not leave the State of Gujarat without prior permission
of the Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and
also to the Court at the time of execution of the bond and
shall not change the residence without prior intimation to
the I.O.;
[f] not enter District Junagadh till the trial is over, except
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NEUTRAL CITATION
R/CR.MA/7420/2026 ORDER DATED: 02/04/2026
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for the purpose of attending the trial.
[g] mark presence every fortnight at Veraval Police Station,
District Gir-Somnath, till the trial is over.
[h] attend the trial regularly, and in case any failure
to attend the trial without reasonable cause, then it would
be open for the learned Trial Court to take appropriate
steps in accordance with law.
9. The Authorities will release the appellant only if he is
not required in connection with any other offence for the time
being. If breach of any of the above conditions is committed,
the Sessions Court concerned will be free to take appropriate
action in the matter.
10. Bail bond to be executed before the lower court having
jurisdiction to try the case. It will be open for the concerned
Court to delete, modify and/or relax any of the above
conditions in accordance with law.
11. At the stage of trial, the trial court shall not be
influenced by any observations of this Court which are of
preliminary nature made at this stage, only for the purpose of
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NEUTRAL CITATION
R/CR.MA/7420/2026 ORDER DATED: 02/04/2026
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considering the appeal of the appellant for being released on
regular bail.
12. The appeal is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
NAIR SMITA V./09-DB
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