ZEBUNBEN JAKIRSHA SHAHAMDARversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court exercised its discretion and granted regular bail to the applicant with conditions.
Summary
The petitioner, Zebunben Jakirsha Shahamdar, was arrested on 6 March 2026 in connection with FIR C.R. No. 11203025260100 alleging offences under Sections 305(A), 331(3), 331(4), 317(4), 317(5) and 54 of the BNSS. She contended that she merely mortgaged stolen ornaments and sold them, without taking part in the underlying theft, and therefore sought regular bail under Section 483 of the BNSS. The State opposed bail, arguing that the nature of the accusations warranted continued detention. After hearing both sides, the Court found that the applicant’s role was peripheral and that continued incarceration would not serve any useful purpose. Consequently, the Court exercised its discretion to grant regular bail, subject to a personal bond of Rs.10,000 and a series of strict conditions, without expressing any opinion on the merits of the case.
Issues considered
- Whether regular bail may be granted to an accused who allegedly mortgaged and sold stolen ornaments but did not participate in the theft, under Section 483 of the BNSS.
Subjects
Judgment
R/CR.MA/12380/2026 ORDER DATED: 03/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 12380 of 2026
=========================================================
ZEBUNBEN JAKIRSHA SHAHAMDAR
Versus
STATE OF GUJARAT
=========================================================
Appearance:
MR. VIPUL SAVDAS REVDARIYA(14299) for the Applicant(s) No. 1
MR. RONAK RAVAL. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
=========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 03/06/2026
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of
respondent State.
2. The applicant, by way of this application filed under Section
483 of the BNSS, seeks regular bail in connection with the FIR
being C.R. No. 11203025260100 of 2026 registered with
Junagadh Taluka Police Station, Dist. Junagadh, for the
offences punishable under Sections 305(A), 331(3), 331(4),
317(4), 317(5) and 54 of BNS.
3. It is the submission of learned counsel for the applicant that he
is suffering confinement since 06.03.2026. He further
submitted that the applicant has not played any vital role in the
alleged offence. Hence, further detention of the applicant is
unwarranted.
4. Learned APP has opposed the bail application contending that,
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R/CR.MA/12380/2026 ORDER DATED: 03/06/2026
considering the conduct of the applicant and nature of
accusation, the discretion may not be exercised in favour of the
applicant.
5. Having heard the learned counsel for the respective parties and
upon perusal of the material placed on record, it appears that
the applicant, a lady accused, had not participated in the
alleged offence. The only role attributed to her is that she had
mortgaged the stolen ornaments with a goldsmith and, after
paying the outstanding amount, sold it to a third party. In such
circumstances, having regard to the peculiar facts and
circumstances of the present case and upon imposing stringent
conditions, I am inclined to exercise discretion in favour of the
applicant, as keeping the applicant behind bars would not serve
any useful purpose. Hence, the bail application is allowed.
In such circumstances, considering the role attributable
to present applicant herein and evidence in support of charge,
without commenting on merits of the matter, I deemed it fit to
release the applicant on bail. Hence, present application is
allowed.
6. Hence, the applicant is ordered to be released on regular bail in
connection with the FIR being C.R. No. 11203025260100 of
2026 registered with Junagadh Taluka Police Station, Dist.
Junagadh, on executing a 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:
No. Conditions
(a) not take undue advantage of liberty or misuse liberty;
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R/CR.MA/12380/2026 ORDER DATED: 03/06/2026
(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) Shall not enter in jurisdiction area of Junagadh
Taluka for a period of 1 years except for mark her
presence before the concerned Court as well as Police
Station, if any.
7. The authorities shall release the applicant if he is not required in
connection with the any other offence. If breach of any above
condition is committed, the Sessions Judge concerned shall take
appropriate action or issue warrant against the applicant. The
bail bond to be executed before the learned trial Court having
jurisdiction to try the case. It will be open for the sessions judge
concerned to delete, modify and/or relax any of the above
conditions, in accordance with law. Nothing stated hereinabove,
shall tantamount to the expression of any opinion on the merits
of this case. Rule is made absolute to the aforesaid extent. Direct
service permitted.
(ILESH J. VORA,J)
Mehul Desai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 03/06/2026 11:30:14
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