MOHAMMAD AZAZ @ BADA KHANJRI HANIF SHAIKHversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
Temporary bail was granted for seven days on a personal bond of Rs.10,000 with specified conditions.
Summary
The petitioner, Mohammad Azaz, applied for temporary bail on the ground that he needed funds to arrange medical treatment for his mother. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court, after hearing the application and considering the jail remarks, exercised its discretion in favor of the petitioner. The application was partly allowed, granting temporary bail for seven days upon furnishing a personal bond of Rs.10,000 and complying with conditions to appear before the nearest police station every third and fifth day. The order also directs the petitioner to surrender to the jail authority at the expiry of the bail period.
Issues considered
- Whether temporary bail can be granted on the ground of medical treatment of the applicant's mother
- Whether the Court may waive service of notice and still exercise discretion to grant bail
Subjects
Judgment
R/CR.MA/18799/2026 ORDER DATED: 13/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 18799
of 2026
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MOHAMMAD AZAZ @ BADA KHANJRI HANIF SHAIKH
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
M S.HARSHADA N PATIL(9985) for the Applicant(s) No. 1
MR. JIGAR A PATEL(9984) 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. Present application has been filed by the applicant
seeking temporary bail on the ground of funds arrangement
for the medical treatment of his mother.
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, more particularly, the ground mentioned
therein, 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 07 days from the date of his/her actual
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R/CR.MA/18799/2026 ORDER DATED: 13/08/2026
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
rd th
nearest police station every 3 and 5 day of the temporary
bail leave period.
4.1 Rule is made absolute accordingly. Direct service is
permitted.
(SANJEEV J.THAKER,J)
ADITYA SINGH/10
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 13/08/2026 15:31:32
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