VAJID @ CHIYA AYUB MALEKversusSTATE OF GUJARAT
- Disposal
- 28-REJECTED @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The application for temporary bail was rejected due to lack of credible medical grounds, procedural deficiencies, and the applicant’s conduct.
Summary
The petitioner, Vajib @ Chiya Ayub Malek, applied for temporary bail on the ground that he needed to arrange funds for his father's illness. The petitioner’s original counsel, Mr. Amit D. Shah, was absent, and a substitute counsel, Ms. J.C. Bhatt, had not filed a vakalatnama despite claiming to represent the petitioner. The court noted that the applicant had been convicted under the Bharatiya Nyas Sanhita, the Gujarat Police Act, and the Gujarat Control of Terrorism and Organised Crime Act and had been in custody since 23-07-2025. The medical documents annexed to the bail application were deemed unconvincing, and the trial court had already found no serious medical illness of the applicant’s father. Considering the lack of proper representation, the stale nature of the application, and the absence of justifiable grounds, the court rejected the temporary bail application.
Issues considered
- Whether the applicant is entitled to temporary bail on the ground of his father's alleged illness
- Whether the applicant’s counsel properly represented him and complied with procedural requirements
- Whether the medical evidence submitted is sufficient to justify bail
Legislation cited
Subjects
Judgment
R/CR.MA/18058/2026 ORDER DATED: 13/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 18058
of 2026
==========================================================
VAJID @ CHIYA AYUB MALEK
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR AMIT D SHAH(11232) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 13/08/2026
ORAL ORDER
1. This is an application for temporary bail by the
applicant on the ground of arranging funds for his father’s
illness.
2. Earlier, i.e. on 06.08.2026, learned advocate
Ms.J.C. Bhatt has submitted that she has instructions to
appear for and on behalf of the applicant and will file her
vakalatnama in place of learned advocate Mr.Amit D. Shah.
However, the cause list shows that she did not file her
vakalatnama till date.
3. Be that as it may. However, today, when the
matter is called out in second call at 4:00 p.m., neither
learned advocate Mr.Amit D. Shah is present nor learned
advocate Ms.Bhatt remained present on behalf of the
applicant nor learned advocate Ms.Bhatt has filed her
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R/CR.MA/18058/2026 ORDER DATED: 13/08/2026
vakalatnama replacing learned advocate Mr.Amit D. Shah for
the applicant.
4. Considering the fact that this application is filed
by the applicant for temporary bail on the ground of
arranging funds for his father’s illness, however, the matter
could not be proceeded for one reason or the other.
5. Today, learned APP has placed on record the jail
remarks.
6. Considering the jail remarks, it transpires that the
applicant has been convicted under the Bharatiya Nyas
Sanhita, the Gujarat Police Act and the Gujarat Control of
Terrorism and Organised Crime Act and is in jail since
23.07.2025 only.
7. Moreover, the medical papers annexed to this
application at Annexure-‘C’ Colly. do not inspire any
confidence.
8. Further, the learned trial Court has, by taking
into consideration the affidavit filed by the Investigating
Officer, observed in the order that there is no serious
medical illness of the applicant’s father.
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R/CR.MA/18058/2026 ORDER DATED: 13/08/2026
9. In view of above, this application needs to be
rejected on the ground of conduct of the applicant, stale
cause and in absence of justifiable grounds/reasons and is
rejected accordingly.
(SANJEEV J.THAKER,J)
M.H. DAVE/82
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/08/2026 17:41:42
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