NARESHJI RAMESHJI HARIJI THAKOR (MORERSIYA) vs STATE OF GUJARAT
- Court
- Gujarat High Court
R/SCR.A/15150/2026 JUDGMENT DATED: 16/10/2026
(GJHC240789242026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15150 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
==========================================================
Approved for Reporting Yes No
✔
==========================================================
NARESHJI RAMESHJI HARIJI THAKOR (MORERSIYA)
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. HARSHAL S. PATEL(14220) for the Applicant(s) No. 1
MR.DIPEN F CHAUDHARI(6740) for the Applicant(s) No. 1
MS. DIVYANGNA JHALA, APP for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 16/10/2026
JUDGMENT
1. Rule returnable forthwith. Learned APP Ms. Divyangna
Jhala waives service of notice of Rule on behalf of
respondent-State.
2. The present petition has been filed seeking the following
reliefs:—
“(A) Your Lordships may be pleased to admit and allow this
Application;
Page 1 of 11
Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Sat Oct 17 2026 Downloaded on : Sat Oct 17 18:45:22 IST 2026
R/SCR.A/15150/2026 JUDGMENT DATED: 16/10/2026
(GJHC240789242026)
(B) Your Lordships may be pleased to exercise the discretion under
section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 and
further be pleased to quash and set aside the passed by Ld.
th
Special POCSO Judge and 4 Add. Sessions Judge, Deesa below
exh- 1 in Special POCSO Case No. 44/2025 and release the
applicant on bail in the interest of justice;
(C) Pending admission and final disposal of this application, be
pleased to stay the implementation and operation of order passed
th
by Ld. Special POCSO Judge and 4 Add. Sessions Judge, Deesa
below exh- 1 in Special POCSO Case No. 44/2025 in the interest
of justice.;
(D) Your Lordships may be pleased to dispense with the affidavit
of the applicant as he is in jail.
(E) Such other and further relief that is just fit and expedient in
the facts and circumstances of the case may be granted in the
interest of justice.”
3. At the outset, it is required to be noted that, though
respondent No. 2, being the original complainant, has
been joined as a party respondent in the present
petition, it appears from the impugned order that a
settlement has been arrived at with the complainant. In
view of the said position, instead of issuing notice to the
complainant, this Court has deemed it appropriate to
take up and finally decide the present matter.
4. Heard learned Advocate Mr. H. S. Patel appearing for
Page 2 of 11
Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Sat Oct 17 2026 Downloaded on : Sat Oct 17 18:45:22 IST 2026
R/SCR.A/15150/2026 JUDGMENT DATED: 16/10/2026
(GJHC240789242026)
the petitioner and learned APP Ms. Divyangna Jhala
appearing for the respondent-State.
5. Learned Advocate Mr. Patel for the petitioner submitted
that the petitioner is an accused in an FIR registered
with Thara Police Station, District Banaskantha, being
First C.R. No. 11195051250381/2025, wherein the
allegation against the petitioner is that he had abducted
the victim, who was aged 16 years and 1 month at the
relevant point of time. Upon completion of the
investigation, charge-sheet came to be filed for the
offences punishable under Section 363 of the Indian
Penal Code and Sections 64(2)(I), 64(2)(M) and 87 of the
Bharatiya Nyaya Sanhita, 2023, as well as Sections 4
and 6 of the Protection of Children from Sexual Offences
Act, 2012 (hereinafter referred to as POCSO). Upon
filing of the charge-sheet, the case came to be
committed to the learned POCSO Court and was
registered as Special POCSO Case No. 44 of 2025. It is
submitted that the victim was examined below Exh. 23
on 21.09.2026. During her examination-in-chief, she
supported the case of the prosecution; however, during
cross-examination, she resiled from the version stated by
Page 3 of 11
Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Sat Oct 17 2026 Downloaded on : Sat Oct 17 18:45:22 IST 2026
R/SCR.A/15150/2026 JUDGMENT DATED: 16/10/2026
(GJHC240789242026)
her in her examination-in-chief. It is further submitted
that, thereafter, the learned Special POCSO Court
passed an order cancelling the bail granted to the
petitioner, on the ground that the petitioner had
committed a breach of the conditions imposed while
granting bail and had influenced the witnesses and
contacted the victim. In view thereof, the petitioner was
taken into custody by the learned Special POCSO Court
on the very same day, i.e. on 21.09.2026, and the said
order is under challenge in the present petition. Learned
Advocate for the petitioner submitted that the petitioner
was not present at the relevant point of time when the
learned Advocate for the petitioner, the victim and her
learned Advocate were conversing with each other. It is
submitted that the petitioner was on bail and had not
committed any breach of the conditions imposed upon
him. It is further submitted that the learned Court ought
to have taken into consideration the fact that the
petitioner was not present at the relevant time and had
neither induced nor threatened the victim. It is
submitted that, without affording any opportunity to the
petitioner to explain the allegations levelled against him,
Page 4 of 11
Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Sat Oct 17 2026 Downloaded on : Sat Oct 17 18:45:22 IST 2026
R/SCR.A/15150/2026 JUDGMENT DATED: 16/10/2026
(GJHC240789242026)
the learned Court, in a summary manner, proceeded to
cancel the bail granted to the petitioner and directed
that he be taken into custody. It is further submitted that
the petitioner has remained in custody for approximately
one month.
6. Learned APP Ms. Jhala submitted that appropriate
orders may be passed.
7. Having considered the submissions advanced by the
learned Advocates appearing for the respective parties
and having perused the reasons recorded in the
impugned order passed below Exh. 1, it emerges from
the record that, on the date fixed for recording of the
evidence of the victim, the victim, along with her
parents, was present before the learned Court. It is
recorded by the learned Court that the victim was
instructed to proceed to the special room earmarked for
recording her evidence; however, she did not come to
the said room. It is further recorded that the learned
Judge personally went to the place where the victim was
present. At that point of time, the learned Judge noticed
that the learned Advocates appearing for the victim and
Page 5 of 11
Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Sat Oct 17 2026 Downloaded on : Sat Oct 17 18:45:22 IST 2026
R/SCR.A/15150/2026 JUDGMENT DATED: 16/10/2026
(GJHC240789242026)
the accused were conversing with each other and,
according to the learned Judge, the conversation
pertained to a settlement. It is further recorded that the
learned Judge personally instructed the victim to come
to the courtroom for recording of her evidence. During
her cross-examination, the victim did not support the
version stated by her in her examination-in-chief. It
further emerges from the record that, thereafter, the
learned Court asked the victim as to whether any
settlement had been arrived at, to which the victim
answered in the affirmative and stated that the
settlement had been arrived at outside the special room
earmarked for recording the evidence of the victim.
7.1. Taking into consideration the aforesaid
circumstances, the learned Court proceeded to cancel
the bail granted to the present petitioner, observing that
the petitioner had committed a breach of the conditions
imposed in the bail order, more particularly Conditions
Nos. 3 and 4, whereby the petitioner was directed not to
influence the witnesses and not to contact the victim.
The learned Court has relied upon the CCTV footage
and, on the basis thereof, concluded that the bail
Page 6 of 11
Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Sat Oct 17 2026 Downloaded on : Sat Oct 17 18:45:22 IST 2026
R/SCR.A/15150/2026 JUDGMENT DATED: 16/10/2026
(GJHC240789242026)
granted to the petitioner was required to be cancelled. It
has further been observed in the impugned order that, if
the parties intended to arrive at a settlement, they could
have approached the house of the victim; however,
instead, they went outside the special room where the
victim was present. The learned Court has, therefore,
observed that such conduct amounted to a mockery of
the Court proceedings. It has further been observed by
the learned Court that, if a settlement had in fact been
arrived at, the parties could have approached the High
Court for quashing of the proceedings. Instead,
according to the learned Court, they attempted to
communicate with the victim outside the special room
and, on that ground also, the bail was liable to be
cancelled.
7.2. From the observations made by the learned Court, it
appears that the bail granted to the petitioner has been
cancelled without following the requisite procedure and
without affording an adequate opportunity to the
petitioner to explain the allegations levelled against him.
The power to cancel bail is required to be exercised with
due care, caution and circumspection and only in
Page 7 of 11
Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Sat Oct 17 2026 Downloaded on : Sat Oct 17 18:45:22 IST 2026
R/SCR.A/15150/2026 JUDGMENT DATED: 16/10/2026
(GJHC240789242026)
appropriate cases. Such power cannot be exercised in a
routine or mechanical manner. The cancellation of bail
has serious consequences, as it directly affects the
personal liberty of an individual who has been granted
bail pursuant to a judicial order passed after considering
the relevant circumstances. The rule of law and the
principles of natural justice require that judicial
discretion be exercised in accordance with the
established legal framework and due process of law and
not in an arbitrary or capricious manner. Cancellation of
bail is a serious and coercive measure. Once an accused
has been enlarged on bail pursuant to a reasoned
judicial order, such liberty cannot be withdrawn merely
on the basis of conjectures or circumstances which do
not, by themselves, establish a deliberate breach of the
conditions of bail. The power of cancellation of bail,
therefore, ought to be exercised only upon the existence
of cogent and sufficient grounds warranting such an
order.
8. In the present case, before cancelling the bail granted to
the petitioner, neither was the petitioner afforded an
opportunity of being heard nor does it appear that the
Page 8 of 11
Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Sat Oct 17 2026 Downloaded on : Sat Oct 17 18:45:22 IST 2026
R/SCR.A/15150/2026 JUDGMENT DATED: 16/10/2026
(GJHC240789242026)
requisite procedure was followed. It has been submitted
by the learned Advocate for the petitioner that, at the
relevant point of time, when the learned Advocate
appearing for the petitioner and the learned Advocate
appearing for the prosecutrix were conversing with each
other in the presence of the prosecutrix, the petitioner
himself was not present. It is also not the case of the
prosecutrix or the complainant that the petitioner had
committed any breach of the conditions of bail, had
attempted to influence any witness, or had himself
contacted or attempted to communicate with the victim.
There is also no application placed on record by the
State or by the prosecutrix, through her learned
Advocate, alleging any such breach on the part of the
petitioner. In such circumstances, passing a harsh order
of cancellation of bail merely on the basis of an
inference that the accused had committed a breach of
the conditions imposed upon him, without affording him
an opportunity to explain the circumstances, cannot be
sustained in law.
8.1. It is also pertinent to note that, while passing the
impugned order, the learned Judge has recorded that the
Page 9 of 11
Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Sat Oct 17 2026 Downloaded on : Sat Oct 17 18:45:22 IST 2026
R/SCR.A/15150/2026 JUDGMENT DATED: 16/10/2026
(GJHC240789242026)
learned Judge personally went to the place where the
victim was present and instructed her to come to the
courtroom for recording of her evidence. In the
considered opinion of this Court, such a course of action
ought to have been avoided. Judicial propriety requires
that the Court maintain the necessary degree of
detachment and neutrality, particularly in proceedings
involving the examination of a victim. Any direct
intervention beyond what is judicially necessary may
give rise to an apprehension regarding the manner in
which the proceedings are being conducted and,
therefore, ought to be avoided. In the opinion of this
Court, the strength of the judiciary lies in discipline and
adherence to the established procedure of law. However,
without entering into any further discussion on the
issue, it is expected that the learned Court shall exercise
due care and caution and shall refrain from passing such
orders without following the procedure prescribed by
law.
9. In view of the aforesaid discussion and in the facts and
circumstances of the present case, the impugned order
passed below Exh. 1 in Special POCSO Case No. 44/2025
Page 10 of 11
Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Sat Oct 17 2026 Downloaded on : Sat Oct 17 18:45:22 IST 2026
R/SCR.A/15150/2026 JUDGMENT DATED: 16/10/2026
(GJHC240789242026)
th
passed by the learned Special POCSO Judge and 4
Additional Sessions Judge, Deesa is hereby quashed and
set aside.
10. The petitioner is directed to be released on bail, if his
custody is not required in connection with any other
case or for any other lawful purpose.
10.1. It is expected that the learned Court shall exercise
due care and caution while passing orders concerning
cancellation of bail and shall ensure compliance with the
requisite procedure and principles governing the
exercise of such jurisdiction.
10.2. Registry is directed to communicate this order to the
concerned Jail Authority by way of fax/E-mail forthwith.
10.3. Rule is made absolute.
(M. K. THAKKER,J)
NIVYA A. NAIR
Page 11 of 11
Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Sat Oct 17 2026 Downloaded on : Sat Oct 17 18:45:22 IST 2026