High Court of Gujarat
SADAB S/O SAJJADABHAI MIRUMIYA MALEKversusSTATE OF GUJARAT
- Decided
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- NIRZAR S DESAI
Holding
The Court held that, notwithstanding the seriousness of the offences, it was appropriate to exercise discretion and grant regular bail to the applicant.
Summary
The petitioner, Sadab S/o Sajjadabhai Mirumiya, was arrested on 1 March 2026 in connection with FIR C.R.No.11216005260172 for offences under Sections 325 and 54 of the Bharatiya Nyay Sanhita, 2023, Sections 8(2) and 8(4) of the Animal Preservation (Amendment) Act and Section 11(1)(I) of the Animal Cruelty Act. After the investigation concluded and a charge‑sheet was filed, he filed a regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State argued that the offences were serious and bail should not be granted, while the petitioner contended he was not involved in the alleged conduct and sought bail with conditions. The Court, noting that the applicant had been in custody since March, had no prior record, the investigation was complete, and a co‑accused had already been granted bail, exercised its discretion and ordered regular bail on a personal bond of Rs 10,000 with several conditions. The order emphasized that the bail was provisional and the trial court should not be influenced by the interim observations.
Issues considered
- Whether regular bail can be granted after the filing of a charge‑sheet for serious offences under the Bharatiya Nyay Sanhita and animal protection statutes
- Whether the Court should exercise discretion to grant bail despite the seriousness of the charges
- Whether parity with a co‑accused already on bail warrants granting bail to the applicant
Legislation cited
- Animal Cruelty Act — s. 11(1)(I)
- Animal Preservation (Amendment) Act — s. 8(2), 8(4)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyay Sanhita, 2023 — s. 325, 54
Subjects
- regular bail
- post‑charge‑sheet bail
- discretion
- parity
- serious offences
- animal cruelty
- criminal procedure
- Gujarat High Court
Judgment
R/CR.MA/11813/2026 ORDER DATED: 19/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11813 of 2026
================================================================
SADAB S/O SAJJADABHAI MIRUMIYA MALEK
Versus
STATE OF GUJARAT
================================================================
Appearance:
MR MAULIK NANAVATI FOR NANAVATI & CO.(7105) for the Applicant(s)
No. 1
MR DHAWAN JAYSWAL, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 19/05/2026
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives service
of Rule on behalf of the respondent - State of Gujarat.
2. Heard learned advocate for the applicant and learned APP for
the respondent – State.
3. By this application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the applicant is seeking
release on regular bail in connection with the FIR being
C.R.No.11216005260172 of 2026 registered with
Dahegam Police Station, District Gandhinagar for the
offences punishable under Sections 325 and 54 etc. of the
Bharatiya Nyay Sanhita, 2023 and under Sections 8(2) and
8(4) of the Animal Preservation (Amendment) Act and Section
11(1)(I) of the Animal Cruelty Act.
4. Learned advocate for the applicant submitted that, the
applicant is not involved in commission of offence as alleged
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R/CR.MA/11813/2026 ORDER DATED: 19/05/2026
in the FIR and therefore, looking to the role of the applicant
and nature of the allegations, the applicant is required to be
enlarged on regular bail by imposing suitable terms and
conditions.
5. On the other hand, learned APP appearing for the respondent
– State vehemently submits that, the offences, which have
been charged, are serious in nature affecting the society at
large and looking to the facts as well as the allegations made
against the applicant, no discretion would be required to be
exercised.
6. In the facts and circumstances of the case and considering
the nature of allegations, this Court is of the opinion that,
discretion is required to be exercised to enlarge the applicant
on regular bail. This Court has considered the following facts
while exercising discretion in favour of the applicant :-
(i) the applicant is in jail since 01.03.2026;
(ii) the investigation is over and the charge-sheet is filed;
(iii) no past antecedent;
(iv) Co-accused namely Mahammad Parvez Jakirhusen
Najirhusen Kureshi has already been enlarged on
regular bail by this Court vide order dated 15.05.2026
passed in Criminal Misc. Application No. 11695 of
2026, hence, this applicant is granted bail on the
ground of parity;
7. In view of the aforesaid facts, without discussing the
evidence in detail, this Court, prima facie, is of the opinion
that, this is a fit case to exercise the discretion and enlarge
the applicant on regular bail. Hence, present application is
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R/CR.MA/11813/2026 ORDER DATED: 19/05/2026
allowed and the applicant is ordered to be released on
regular bail in connection with the FIR being
C.R.No.11216005260172 of 2026 registered with
Dahegam Police Station, District Gandhinagar on
executing personal bond of Rs.10,000/- (Rupees Ten thousand
only) with one surety of the like amount to the satisfaction of
the learned 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 injuries to the interest of the
prosecution;
[c] surrender passport, if any, to the lower court within a
week;
[d] not leave India without prior permission of the Sessions
Judge concerned;
[e] furnish latest address of residence to the Investigating
Officer and also to the Court at the time of execution of
the bond and shall not change the residence without
prior permission of the trial Court;
[f] mark his presence before the concerned police station
in the first week of every month till the trial is over;
8. The Authorities will release the applicant only if the applicant
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 Judge concerned will be free to issue
warrant or take appropriate action in the matter. Bail bond to
be executed before the learned 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. At the trial, learned Trial
Court shall not be influenced by the observations of
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R/CR.MA/11813/2026 ORDER DATED: 19/05/2026
preliminary nature, qua the evidence at this stage, made by
this Court while enlarging the applicant on bail.
9. Rule is made absolute to the aforesaid extent. Direct service
is permitted.
(NIRZAR S. DESAI,J)
Dolly
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 19/05/2026 12:40:08
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