Gujarat High Court Monthly Digest : August 2025

Citations 2025 LiveLaw (Guj) 120 to 2025 LiveLaw (Guj) 138

NOMINAL INDEX

Mahesh Langa v/s State of Gujarat & Anr. 2025 LiveLaw (Guj) 120

Rajubhai Dalsinghbhai Ninama v/s State of Gujarat & Anr. 2025 LiveLaw (Guj) 121

Sahdev Ranchodbhai Brahman v/s State of Gujarat & Anr. 2025 LiveLaw (Guj) 122

Rathod Nareshbhai Mansukhbhai & Ors. v/s State of Gujarat & Ors 2025 LiveLaw (Guj) 123

Suo Motu vs Devesh Bhatt & Anr. 2025 LiveLaw (Guj) 124

X vs Union of India and Others 2025 LiveLaw (Guj) 125

State of Gujarat vs Raijibhai Fulabhai Sodha  2025 LiveLaw (Guj) 126

Ashumal @ Asharam v/s State of Gujarat & Anr. 2025 LiveLaw (Guj) 127

Manish Bhupendrabhai Panwala v/s State of Gujarat & Anr. 2025 LiveLaw (Guj) 128

Hirenbhai Mahendrabhai Patel v/s State of Gujarat 2025 LiveLaw (Guj) 129

Employees State Insurance Corporation & Ors. v/s Gaurav Zalavadia 2025 LiveLaw (Guj) 130

Sunil Hiralal Mandowara v/s State of Gujarat & Anr. 2025 LiveLaw (Guj) 131

X vs. None 2025 LiveLaw (Guj) 132

Bhavsing Chhaganbhai Bilval Since Deceased Through His Legal Heirs v/s State of Gujarat 2025 LiveLaw (Guj) 133

Kamlesh Gangabharti Goswami v/s State of Gujarat & Ors 2025 LiveLaw (Guj) 134

Ashumal @ Asharam v/s State of Gujarat & Anr. 2025 LiveLaw (Guj) 135

State of Gujarat & Ors.  v/s Adarsh Gujarat Anganwadi Union & Ors. 2025 LiveLaw (Guj) 136

Sorathiya Hareshbhai Rameshbhai  v/s State of Gujarat & Ors. 2025 LiveLaw (Guj) 137

High Court of Gujarat v/s Babubhai Sampatbhai Pateliya & Ors. 2025 LiveLaw (Guj) 138

Judgments/Orders

'Influenced Witnesses While In Custody, Many Antecedents': Gujarat High Court Denies Bail To Mahesh Langa In Money Laundering Case

Case title: MAHESHDAN PRABHUDAN LANGA v/s STATE OF GUJARAT & ANR.

Citation: 2025 LiveLaw (Guj) 120

The Gujarat High Court dismissed the regular bail plea of journalist Mahesh Langa in a money laundering case lodged in connection with two FIRs which included the offence of cheating, observing that he had a number of antecedents and that while being in custody he had influenced witnesses.

For context, a sessions court had in November last year granted anticipatory bail to Langa in a cheating FIR registered against him on a complaint filed by an individual running an advertising agency. The court had granted the bail after noting that as per the contents of the FIR, the dispute between the parties was for non payment of money which is "primarily in civil nature". It had then also noted that the alleged cheating had happened between March 2023 and October this year and the complainant had not explained the delay in filing the complaint.

Gujarat High Court Slams Vadodara Jail Authority For 'Illegally' Detaining Convict, Orders Recalculation Of Set-Off Period For All Convicts

Case title: RAJUBHAI DALSINGHBHAI NINAMA V/S STATE OF GUJARAT & ANR.

R/SCR.A/2129/2025

Citation: 2025 LiveLaw (Guj) 121

The Gujarat High Court on Friday (August 1) pulled up the Vadodara Jail Authority for "illegally" detaining a convict for 2 months and eight days while failing to rectify the error in calculating the set off period the convict was entitled to, observing that the authority acted arbitrarily and in complete disregard of the convict's fundamental rights.

Quoting Mahatma Gandhi who had said, “The best way to find yourself is to lose yourself in the service of others", the high court observed that despite repeated opportunities, the authorities failed to act with empathy and continued with their illegal and arbitrary approach. It further directed a comprehensive exercise to calculate the set-off period for all convicts, asking the Inspector General of Prisons to ensure that atmosphere of jails is akin to an Ashram.

Gujarat High Court Imposes ₹25K Cost On Husband For Uploading Wife's 'Obscene' Pictures On Social Media

Case title: SAHDEV RANCHODBHAI BRAHMAN vs. STATE OF GUJARAT & ANR.

Citation : 2025 LiveLaw (Guj) 122

The Gujarat High Court last week imposed a cost of ₹25,000/- on a husband who had uploaded 'obscene' photographs of his wife on WhatsApp and Instagram, accompanied by filthy comments and had made them viral.

A bench of Justice Hasmukh D. Suthar passed the order while quashing the FIR and all consequential proceedings initiated against the husband, after noting that the matter had been amicably settled between the parties.

Gujarat High Court Asks State To Form Panel To Consider Govt Employees' Entitlement To HRA Affected By Classification Of Cities

Case title: RATHOD NARESHBHAI MANSUKHBHAI & ORS. v/s STATE OF GUJARAT & ORS

Citation : 2025 LiveLaw (Guj) 123

Noting that employees right to House Rent Allowance is not absolute, the Gujarat High Court has asked the state government to form a committee to consider pleas moved by various government employees working in schools in urban and rural areas, aggrieved by categorization of various cities and House Rent Allowance policy in this respect.

The court was hearing a batch of pleas of government employees from Ahmedabad, Gandhinagar and Bhavnagar regarding grievance on grant of HRA and CLA. The State Government had said that cities are classified into the different categories and based on the classification of cities under the different categories, the payment of the HRA and CLA would be decided.

'Systematic Campaign To Demean': Gujarat High Court Sentences Lawyer To 3-Month Jail, Fines ₹1 Lakh For 'Scandalous Attack' On Judges

Case title: SUO MOTU vs DEVESH BHATT & Anr.

Citation : 2025 LiveLaw (Guj) 124

The Gujarat High Court held a lawyer guilty of contempt of court for levelling "false" and "scandalous" allegations against judges of the high court and judicial officers, sentencing him to three-months imprisonment along with cost of Rs. 1 Lakh.

A division bench of Justice AS Supehia and Justice RT Vachchani passed the order in a batch of contempt applications initiated suo motu over the years (beginning from 2011) against the contemnor, an advocate practicing in the High Court as well as other courts in the State.

Centre Perpetuated Discrimination Against HIV Positive CRPF Personnel By Not Amending Standing Order, Recruitment Rules: Gujarat High Court

Case title: X vs UNION OF INDIA & OTHERS 

Citation : 2025 LiveLaw (Guj) 125

The Gujarat High Court declared provisions of a 2008 Standing Order and CRPF Assistant Commandant (Ministerial) Recruitment Rules 2011 as "ultra-vires" to the Constitution and the 2017 HIV/AIDS (Prevention & Control) Act, for being discriminatory to HIV/AIDS positive persons in CRPF in matters of promotion.

In doing so the court expressed its disappointment with the Centre for not aligning its standing order and 2021 recruitment rules in consonance with the 2017 Act calling it a "sorry state of affairs".

Man Convicted 9-Years After Death: Gujarat High Court Slams Police For Negligence In Not Informing, Directs Action Against Officials

Case title: STATE OF GUJARAT vs RAIJIBHAI FULABHAI SODHA

Citation: 2025 LiveLaw (Guj) 126

The Gujarat High Court strongly "deprecated" the State police for not informing about the death of an accused which took place in 2016, whom the court had convicted for murder of his wife last month, thereby underscoring the "negligence" on the police's part in making the court hear the matter and waste judicial time.

The court asked the Public Prosecutor to bring the negligence to the notice of the concerned Superintendent of Police to take appropriate action against the concerned police officials.

Gujarat High Court Extends Asaram Bapu's Temporary Bail Till August 21 In Rape Case

Case title: ASHUMAL @ ASHARAM vs. STATE OF GUJARAT & ANR.

CR.MA/3/2025 IN R/CR.A/607/2023

Citation : 2025 LiveLaw (Guj) 127

The Gujarat High Court on Thursday (August 7) extended temporary bail of Asaram Bapu till August 21, who was convicted in a 2013 rape case by a sessions court in Gandhinagar and is serving a life sentence.

Notably on July 3, the high court had extended Asaram Bapu's temporary bail for one month, after noting statement by Asaram Bapu's counsel that he wont seek further extension of temporary bail. The high court had then further clarified that further prayer for extension of temporary bail will not be entertained on medical grounds.

Gujarat High Court Quashes 16-Year-Old Case Against Journalist For Allegedly 'Disturbing Lion' Near Gir Sanctuary

Case title: MANISH BHUPENDRABHAI PANWALA vs. STATE OF GUJARAT & ANR

Citation : Citation: 2025 LiveLaw (Guj) 128

The Gujarat High Court has quashed a 2009 case registered against a journalist for allegedly disturbing a lion while it was feeding, "outside" the forest limits in Gir National Park and Wildlife Sanctuary.

In doing so the court observed that merely disturbing a lion would not fall within the ambit of hunting as defined under the Wildlife Protection Act. The court however remarked that while conduct would not amount to an offence, it indicated insensitivity and recklessness; it however took note of the remorse expressed by the petitioner.

'Prime Facie Dangerous': Gujarat High Court Directs Action Against Cop Who Gave Probe Papers To Complainant Before Filing Chargesheet

Case title: HIRENBHAI MAHENDRABHAI PATEL vs STATE OF GUJARAT

Citation: 2025 LiveLaw (Guj) 129

Noting that a complainant in a criminal case was given investigation papers by the Investigating Officer before filing of chargesheet, the Gujarat High Court directed the concerned Superintendent of Police to take action against the erring cop.

The court said that either the officer did not know of the settled law or had perhaps acted with ulterior motive, adding that the act prima facie appeared to be dangerous and must be curtailed at the initial stage. It thus directed the concerned SP to submit compliance report on action taken against the erring police officer.

Gujarat High Court Upholds Mass Transfer Of ESIC Doctors Challenged For Violating DOPT Guideline On Posting Of Spouses Near Each Other

Case title: EMPLOYEES STATE INSURANCE CORPORATION & ORS. v/s GAURAV ZALAVADIA

Citation : 2025 LiveLaw (Guj) 130

The Gujarat High Court restored an order transferring nearly 500 doctors of Employees State Insurance Corporation (ESIC), which was earlier set aside by the Central Administrative Tribunal (CAT) on the ground of violating DOPT guidelines regarding posting of spouses near each other.

In doing so the court found no infirmity in the transfer order challenged on the ground that the respondent doctor had not been accommodated as per posting of his spouse, noting that it was due to administrative exigencies.

Gujarat High Court Grants Bail To Man Accused Of Fraudulently Availing Benefit Of Input Tax Credit Of Over ₹10 Crores

Case title: SUNIL HIRALAL MANDOWARA Versus STATE OF GUJARAT & ANR.

Citation : 2025 LiveLaw (Guj) 131

The Gujarat High Court granted bail to a man accused of fraudulently availing benefit of Input Tax Credit of over Rs.10 crores by allegedly showing fictitious transactions on record from companies whose GST registration came to be cancelled.

The counsel for the GST authorities has opposed the application contending that the applicant herein initially created forged firms on the basis of the documents like Aadhar card, Pan card etc., and thereafter, had shown fictitious transactions with those firms.

Written Agreement Not Essential For Divorce By 'Mubaraat', Mutual Verbal Consent Of Muslim Couple Sufficient: Gujarat High Court

Case title: X vs. None

Citation: 2025 LiveLaw (Guj) 132

The Gujarat High Court has ruled that under Muslim law, when a couple mutually decides to dissolve their marriage i.e. Mubaraat, they are at liberty to do so through mutual verbal consent without drawing up a written agreement.

For context, under Muslim law process of Mubaraat refers to divorce/dissolution of marriage through mutual consent between the husband and wife. The court was hearing an appeal jointly filed by the husband and wife challenging an April 19 family court order by which, family suit was dismissed treating it as not maintainable. They claimed that family court had committed in error in declaring that dissolution of the parties' marriage by way of 'mubaraat' is not maintainable.

Cop Dies During Appeal But Gujarat High Court Upholds His Conviction In 36 Yrs Old Custodial Death Case

Case title: BHAVSING CHHAGANBHAI BILVAL SINCE DECEASED THROUGH HIS LEGAL HEIRS v/s STATE OF GUJARAT

Citation : 2025 LiveLaw (Guj) 133

The Gujarat High Court on Thursday (August 14) upheld a sessions court order convicting a policeman for culpable homicide not amounting to murder in the custodial death of a 22-year-old man in 1989.

For Context, the incident took place in October 1989. The sessions case was registered in 1990 and the sessions court passed the conviction order and sentence in 2000.

'Can't Make Roving Inquiry': Gujarat High Court Dismisses PIL Alleging Misuse Of MNREGA Funds In Dahod

Case title: KAMLESH GANGABHARTI GOSWAMI v/s STATE OF GUJARAT & ORS.

R/WPPIL/40/2025

Citation: 2025 LiveLaw (Guj) 134

The Gujarat High Court on Monday (August 17) dismissed a PIL alleging misappropriation of funds of Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) in Dahod district, after noting that the plea was seeking a roving inquiry when there were no allegations made against any officer which cannot be permitted.

The court further in its order noted the plea was based on research done by the petitioner who was resident of another district claiming to an RTI activist; the court also noted that such an allegation can be probed by the competent authority under the act.

Gujarat High Court Extends Asaram Bapu's Temporary Bail In Rape Case Till September 3

Case title: ASHUMAL @ ASHARAM v/s STATE OF GUJARAT & ANR.

CR.MA/3/2025 IN R/CR.A/607/2023

Citation : 2025 LiveLaw (Guj) 135

The Gujarat High Court on Tuesday (August 19) extended Asaram Bapu's temporary bail, who was convicted in a 2013 rape case by a sessions court in Gandhinagar and is serving a life sentence.

After hearing the matter for some time, the court extended Asaram Bapu's temporary bail till the next date of hearing i.e. September 3, after noting that Rajasthan High Court had listed his bail plea in a separate rape case on August 27 while directing his medical examination in the meantime.

'Entitled To Living Wage': Gujarat HC Sets Aside Direction To Treat Anganwadi Workers At Par With Govt Employees, Orders Increase In Pay

Case title: STATE OF GUJARAT & ORS. v/s ADARSH GUJARAT ANGANWADI UNION & ORS

Case title: LETTERS PATENT APPEAL NO. 363 of 202 and Batch

Citation : 2025 LiveLaw (Guj) 136

The Gujarat High Court on Wednesday (August 20) partly reversed a single judge's 2024 order which had declared that Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) shall be treated at par with the regularly selected permanent employees holding civil posts in the State or Central Government.

While it set aside the single judge's directions to treat anganwadi workers and helpers at par with government employees and formulation of a policy for their regularization, the court however noted that the wages granted to anganwadi workers were paltry despite directions of the Supreme Court. It thus directed the authorities to increase the minimum wages granted to AWWs and AWHs which is to be paid within six months along with arrears.

'Govt's Silence Speaks Volumes': Gujarat High Court Slams State For Not Recalling 'Illegal' Pardon Of Murder Convict

Case title: SORATHIYA HARESHBHAI RAMESHBHAI v/s STATE OF GUJARAT & ORS.

Citation : 2025 LiveLaw (Guj) 137

The Gujarat High Court on Friday (August 23) cancelled the premature, "illegal" release of a murder convict, following a "pardon" granted by the then Additional DGP Jail in 2018 after observing that the same was granted without authority and without following due procedure.

Quoting from the Brihadaranyakopanishad, the high court at the outset said, "Law is the king of kings, far more powerful and right than they; nothing can be mightier than law, by whose aid, as by that of the highest monarch, even the weak may prevail over the strong"

In doing so the high court said that the basis on which the authority granted pardon was a 2017 circular issued by the state government which in fact pertained to remission of convicts and not the grant of pardon to convicts.

Gujarat High Court Deletes Single Judge's Remarks Against Registry Over Delay In Installing CCTVs, Cites Lack Of Authority

Case title: HIGH COURT OF GUJARAT v/s BABUBHAI SAMPATBHAI PATELIYA & ORS

LPA NO. 1035 of 2025 In SPECIAL CIVIL APPLICATION No. 23158 of 2019

Citation : 2025 LiveLaw (Guj) 138

The Gujarat High Court has ordered deletion of strictures passed against its Registry by a single judge over delay in implementing its earlier directions for installation of CCTV cameras in "every corner of the Registry" as well as "important places" in the high court campus.

The court further stayed the monitoring of the issue by the single judge, while observing that he lacked the authority to direct the Registry on the issue as the exclusive domain lies with the administrative control of the high court's Chief Justice.