High Court of Gujarat

MOHD. TAUSIF @ TAUSIF KOKO S/O. MOHD. RAFIK SHAversusSTATE OF GUJARAT

Disposal: 28-REJECTED @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The application for temporary bail was rejected.

Summary

Mohd. Tausif applied for temporary bail on the ground of his mother's illness. The applicant's counsel, Mr. Chirag M. Mevawala, was absent and a substitute advocate, Ms. J.C. Bhatt, had not filed a vakalatnama. The court noted that the applicant had previously absconded for 8 and 10 days while on temporary release in 2025 and that his jail conduct was poor. The medical certificate annexed to support the bail request was deemed unconvincing. Considering the applicant's conduct, the stale nature of the application, and the lack of justifiable grounds, the court rejected the bail application.

Issues considered

What is the appropriate basis for granting temporary bail when the applicant's conduct in custody has been poor and the supporting medical evidence is insufficient?

Subjects

temporary bailapplicant's conductmedical groundsvakalatnamajail remarksbail application

Judgment

     R/CR.MA/18228/2026                                      ORDER DATED: 13/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 18228
                           of 2026

==========================================================
          MOHD. TAUSIF @ TAUSIF KOKO S/O. MOHD. RAFIK SHA
                               Versus
                     STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR CHIRAG M MEVAWALA(14159) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                    Date : 13/08/2026

                                     ORAL ORDER


1.              This is an application for temporary bail on the

ground of mother’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.Chirag           M.

Mevawala. 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, neither learned advocate Mr.Mevawala is

present nor learned advocate Ms.Bhatt remained present on

behalf of the applicant nor learned advocate Ms.Bhatt has

filed       her       vakalatnama              replacing     learned        advocate


                                          Page 1 of 2
       R/CR.MA/18228/2026                                                                ORDER DATED: 13/08/2026




Mr.Mevawala for the applicant nor any mention is made for

adjournment on behalf of the applicant.



4.                    Considering the fact that this application is filed

by the applicant for temporary bail on the ground of his

mother’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 was remained absconded for 08 days and 10

days, respectively, in the year 2025 while he was released

temporarily. Further, his jail conduct is also not good.


7.                    Moreover,              the        medical            paper           annexed             to      this

application at Annexure-‘C’ (Page-17) does not inspire any

confidence.


8.                    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/83
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 17:42:14

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