AAMIRKHAN ASIFKHAN PATHANversusTHE STATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted temporary bail for seven days subject to a bond and reporting conditions.
Summary
Aamir Khan Asifkhan Pathan, who was in jail, filed a temporary bail application on the ground that his family needed financial assistance. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court considered the applicant’s claim and the jail remarks, and exercised its discretion in his favour. It granted temporary bail for seven days, subject to a personal bond of Rs.10,000 and conditions that the applicant surrender at the end of the period and report to the nearest police station on the 3rd and 5th days after release. The order was communicated to the jail authority.
Issues considered
- Whether temporary bail can be granted on the ground of financial assistance to the applicant's family
- 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/16327/2026 ORDER DATED: 17/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 16327
of 2026
==========================================================
AAMIRKHAN ASIFKHAN PATHAN
Versus
THE STATE OF GUJARAT & ANR.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 17/07/2026
ORAL ORDER
1. This application, through jail, is filed by the applicant
seeking temporary bail on the ground of financial assistance
to his family.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule on behalf of the respondent – State.
3. Considering application, more particularly, the ground
mentioned therein as well as 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/16327/2026 ORDER DATED: 17/07/2026
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 with a further
condition that the applicant shall mark presence before the
nearest police station every 3rd and 5th day from the date of
release. Rule is made absolute accordingly.
4.1 Registry to communicate this order to the concerned jail
authority, forthwith.
(SANJEEV J.THAKER,J)
URIL RANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 17/07/2026 16:51:18
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