MOHMMED SALIM MOHARALI SHAIKHversusTHE STATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The court granted temporary bail for seven days on the condition of a Rs.5,000 personal bond and compliance with reporting requirements.
Summary
Mohammed Salim Moharali Shaikh, the appellant, filed an application for temporary bail, citing the need to provide financial assistance to his family. The applicant's counsel, appearing through the jail, waived service of the rule on the State and highlighted the appellant's good conduct as recorded in the jail report. The court considered these grounds and the appellant's personal circumstances. It ordered the release of the appellant on temporary bail for a period of seven days, subject to a personal bond of Rs.5,000 and standard conditions. The appellant must report to the nearest police station twice a week and surrender to the jail authority after the bail period expires. The rule was made absolute and direct service was permitted.
Issues considered
- What is the appropriate exercise of discretion by the court in granting temporary bail to an accused who claims financial hardship and demonstrates good jail conduct?
Subjects
Judgment
R/CR.A/1157/2026 ORDER DATED: 13/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (TEMPORARY BAIL) NO. 1157 of 2026
============================================
MOHMMED SALIM MOHARALI SHAIKH
Versus
THE STATE OF GUJARAT & ANR.
============================================
Appearance:
THROUGH JAIL for the Appellant(s) No. 1
MS DHWANI R. TRIPATHI, APP for the Opponent(s)/Respondent(s) No.
1
============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/05/2026
ORDER
1) RULE. Learned APP waives service of rule for the respondent-
State.
2) The present application has been preferred by the applicant to
release him on temporary bail on the ground of providing
financial assistance to his family.
3) Learned APP draws attention of this Court to the jail report to
indicate that the jail conduct of the applicant is reported to be
good.
4) Taking into consideration the grounds urged in this application,
the applicant is ordered to be released on temporary bail for a
period of 7 (seven) days from the date of his actual release on
furnishing personal bond of Rs.5,000/- to the satisfaction of the
concerned authority, on usual terms and conditions. The
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R/CR.A/1157/2026 ORDER DATED: 13/05/2026
applicant shall mark his presence at nearer police station
twice in a week and surrender before the concerned jail
authority upon completion of temporary bail period. Rule is
made absolute accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 13/05/2026 11:50:21
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