High Court of Gujarat
HIRAJI @ HIRLO HALUJI HAPAJI ZALAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The court granted regular bail to the applicant with specified conditions.
Summary
The applicant, Hiraji Haluji Zala, was arrested on a non‑bailable warrant after failing to appear in a trial for offences including robbery, assault and criminal conspiracy. He had previously been released on regular bail but missed court dates due to personal reasons. The applicant filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, contending he is now willing to attend all proceedings. The High Court examined the facts, the nature of the offences, and the applicant’s assurance of regular attendance, and concluded that bail could be granted with stringent conditions. Accordingly, the court ordered his release on regular bail upon execution of a personal bond of Rs.25,000 with a surety and imposed conditions such as not leaving Gujarat without permission and appearing at every hearing.
Issues considered
- Whether the accused is entitled to regular bail after the charge‑sheet and issuance of a non‑bailable warrant under Section 483 BNSS
- Whether the court may impose conditions to ensure the accused’s presence during trial
- Whether the applicant’s prior failure to appear justifies denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhitas. 483
- Indian Penal Code, 1860s. 120(B), s. 323, s. 365, s. 395, s. 506(2)
Subjects
regular bailnon‑bailable warrantSection 483 BNSSIPC offencescourt conditionsbail bondGujarat
Judgment
R/CR.MA/17233/2026 ORDER DATED: 27/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 17233 of 2026
==============================================
HIRAJI @ HIRLO HALUJI HAPAJI ZALA
Versus
STATE OF GUJARAT
==============================================
Appearance:
O I PATHAN(7684) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
==============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 27/07/2026
ORDER
1) RULE. Learned APP waives service of notice of Rule on behalf of
respondent No.1 – State of Gujarat.
2) By way of present Criminal Misc. Application under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita (which shall hereinafter be
referred to as “BNSS”) challenging the order dated 07.07.2026
passed by the learned 5th Additional District & Sessions Judge,
Dholka, Ahmedabad (Rural) in Criminal Misc. Application No.254 of
2026, whereby the learned Judge has rejected the application filed
by the present applicant under Section 483 of the BNSS seeking
regular bail in connection with non bailable warrant issued against
the applicant.
3) Heard learned Advocate for the applicant and learned APP for the
respondent – State.
4) Perusing the record it appears that the applicant was arrested in
connection with the FIR No.51 of 2013 registered with Bagodara
Page 1 of 4
R/CR.MA/17233/2026 ORDER DATED: 27/07/2026
Police Station, District - Ahmedabad for the offences punishable
under Sections 395, 323, 506(2), 365 and 120(B) of the Indian
Penal Code and Section 135 of the GP Act. In the said connection
the applicant was released on regular bail. Thereafter, charge-sheet
was filed which was culminated into Sessions Case No.7 of 2021.
Trial was commenced and during the trial of the Sessions Case due
to marriage of brother of the applicant, the applicant failed to
attend the Court proceeding of Sessions Case and therefore non
bailable warrant was issued against the applicant. Therefore, on
execution of the non bailable warrant the applicant came to be
arrested and hence he has filed bail application which came to be
dismissed by the learned Sessions Judge. Being aggrieved by the
same the applicant has filed the present bail application.
5) As per the case of prosecution the applicant is an accused facing
trial of alleged robbery of gold ornaments of Rs.6,84,00,000/- in
the year 2013 which was culminated into Sessions Case No.7 of
2021. Subsequently, Sessions Case No.10/2021, 17/2021 and
236/2021 were registered and are pending. As the applicant was
already released on regular bail and during the trial as the applicant
is a labourer he went outside for labour, he could not remain
present during the trial. However, now the learned Advocate for the
applicant has submitted that the applicant is ready and willing to
attend the court proceedings and now he will remain present during
the trial. Therefore, in view of above, with stringent conditions the
present application deserves consideration.
6) Hence, the present application is allowed. The applicant is ordered
to be released on regular bail on executing a personal bond of
Rs.25,000/- (Rupees Twenty-five Thousand only) with one surety
Page 2 of 4
R/CR.MA/17233/2026 ORDER DATED: 27/07/2026
to the satisfaction of the trial Court and subject to the conditions
that he shall;
(a) not leave the State of Gujarat without prior permission
of the trial Court concerned;
(b) during the pendency of the Sessions Case he shall
appear before the trial Court on each and every
date of hearing;
(c) in case of his absence he has to mark his
presence through his learned Advocate before the
Court;
(d) furnish the permanent and present address of his
residence to the Investigating Officer and also to
the Court at the time of execution of the bond and
shall not change the residence, contact number /
SIM Card without prior permission of Trial Court;
(e) not act in a manner injurious to the interest of the
prosecution & shall not obstruct or hamper the police
investigation and shall not to play mischief with the
evidence collected or yet to be collected by the police;
7) The learned Sessions Judge will be at liberty to impose other
suitable conditions in order to secure presence of the applicant
during the trial.
8) The authorities shall release the applicant only if he is not required
in connection with any other offence for the time being. If breach of
any of the above conditions is committed, the Sessions Judge
concerned will be free to issue warrant or take appropriate action in
the matter.
Page 3 of 4
R/CR.MA/17233/2026 ORDER DATED: 27/07/2026
9) Bail bond to be executed before the lower Court having jurisdiction
to try the case. It will be open for the concerned Court to delete,
modify and/or relax any of the above conditions, in accordance with
law.
10) At the trial, the trial Court shall not be influenced by the
observations of preliminary nature qua the evidence at this stage
made by this Court while enlarging the applicant on bail.
11) Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 27/07/2026 14:48:55
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