AFJAL HAJIBHAI SHAIKHversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion to grant temporary bail for seven days on the condition of a personal bond of Rs.10,000.
Summary
Afjal Hajibhai Shaikh applied for temporary bail, citing the need to provide financial assistance to his family. The Additional Public Prosecutor waived service of notice on behalf of the State. After hearing the applicant's averments and considering jail remarks, the Court exercised its discretion in his favour. The Court granted temporary bail for seven days, subject to a personal bond of Rs.10,000 and usual conditions, with a direction to surrender after the bail period. The order also made the rule absolute and permitted direct service.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting temporary bail?
- Does the waiver of service of notice by the Additional Public Prosecutor affect the bail proceedings?
Subjects
Judgment
R/CR.MA/16109/2026 ORDER DATED: 16/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 16109
of 2026
==========================================================
AFJAL HAJIBHAI SHAIKH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 16/07/2026
ORAL ORDER
1. Present application has been filed by the applicant
seeking temporary bail on the ground of providing financial
assistance to his family.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule on behalf of the respondent – State.
3. Having heard and considering the averments made in
the application, as well as considering the jail remarks, this
Court is inclined to exercise discretion in favour of the
present applicant.
4. The application, therefore, succeeds and is partly
allowed. The applicant is ordered to be released on temporary
bail for a period of seven days from the date of his/her
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R/CR.MA/16109/2026 ORDER DATED: 16/07/2026
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.
4.1 Rule is made absolute accordingly. Direct service is
permitted.
(SANJEEV J.THAKER,J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 16/07/2026 16:15:05
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