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High Court of Gujarat

MUKHTAR HUSSAIN @JABBAR JODIYA NOORMAMAD RAOversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court granted temporary bail for a period of seven days on a personal bond of Rs.10,000, subject to surrender at the end of the period.

Summary

The applicant, Mukhtar Hussain @Jabbar Jodiya NoorMahmad Rao, filed a criminal miscellaneous application seeking temporary bail on the ground of needing medical treatment. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court examined the applicant's averments and the jail's remarks, and exercised its discretion in favour of the applicant. It ordered the applicant to be released on temporary bail for seven days upon furnishing a personal bond of Rs.10,000 to the jail authority, with the condition that he surrender at the expiry of the bail period. The order was made absolute and direct service of notice was permitted.

Issues considered

  • Whether temporary bail should be granted to the accused on the ground of medical treatment
  • Whether the waiver of service of notice by the Additional Public Prosecutor affects the Court's discretion to grant bail

Subjects

temporary bailmedical treatmentcriminal procedurediscretionpersonal bond

Judgment

      R/CR.MA/14559/2026                                         ORDER DATED: 06/07/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 14559
                           of 2026

==========================================================
        MUKHTAR HUSSAIN @JABBAR JODIYA NOORMAHMAD RAO
                             Versus
                    STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR DIVYANG A JOSHI(13237) for the Applicant(s) No. 1
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                    Date : 06/07/2026

                                     ORAL ORDER


1.       Draft amendment is allowed. Necessary amendments to

be carried out forthwith.

2.       Present       application     has    been       filed    by     the       applicant

seeking temporary bail on the ground of medical treatment.

3.       Rule.         Learned      Additional         Public    Prosecutor          waives

service of notice of rule on behalf of the respondent – State.

4.       Having heard and considering the averments made in

the     application,       more      particularly,       the     ground        mentioned

therein, as well as considering the jail remarks, this Court is

inclined       to     exercise     discretion     in     favour     of       the    present

applicant.


5.       The        application,    therefore,         succeeds        and     is     partly

allowed. The applicant is ordered to be released on temporary



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      R/CR.MA/14559/2026                                                    ORDER DATED: 06/07/2026




bail for a period of seven days from the date of his/her

actual release on furnishing a personal bond of Rs.10,000/-

(Rupees Ten Thousand) to the satisfaction of the concerned

jail authority on usual terms and conditions, with a direction

that the applicant shall surrender to the jail authority on

expiry of the temporary bail period forthwith.


5.1       Rule is made absolute accordingly.                                  Direct service is

permitted.



                                                                         (SANJEEV J.THAKER,J)
ADITYA SINGH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 06/07/2026 18:54:39




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