MUKHTAR HUSSAIN @JABBAR JODIYA NOORMAMAD RAOversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
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
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
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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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