High Court of Gujarat
SHIRINBANU SAHIL HUSAIN SAIYEDversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The court granted temporary bail for seven days on personal bond, allowing the applicant to seek medical treatment.
Summary
The petitioner, Shirinben Sahil Husain Saiyed, applied for temporary bail on the ground of pregnancy and need for medical treatment. She is an accused in an FIR under the Land Grabbing Act and has been in custody since 7 May 2025, with a record of poor jail conduct. The State waived service of the rule, and the court considered the humanitarian aspect despite the conduct. The court granted temporary bail for a period of seven days upon execution of a personal bond of Rs.5,000, subject to usual conditions and surrender to the jail authority after the period. The order also permitted direct service of the rule.
Issues considered
- Whether a pregnant accused with poor jail conduct is entitled to temporary bail for medical treatment
- Whether service of the rule can be waived in such bail applications
Legislation cited
- Land Grabbing Act
Subjects
- temporary bail
- pregnancy
- medical treatment
- land grabbing
- criminal procedure
- bail
- jail conduct
Judgment
R/CR.MA/27338/2025 ORDER DATED: 06/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 27338
of 2025
==========================================================
SHIRINBEN SAHIL HUSAIN SAIYED
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. APURV Y. PATEL(17732) for the Applicant(s) No. 1
MR LB DABHI ADDI. PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 06/01/2026
ORAL ORDER
1. Heard learned advocate Mr. Darshit Raval for learned advocate Mr.
Apurv Patel appearing on behalf of the applicant and learned Additional
Public Prosecutor Mr. L.B. Dabhi on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. By way of this application the applicant prays for being released on
temporary bail for the purpose of her medical treatment due to pregnancy.
4. It appears that the present applicant is arraigned as an accused in
connection with an FIR bearing C.R.No 11199010241271/2024 registered
with A Division Bharuch Police Station, Bharuch.
5. It appears from the jail remarks that the applicant is in custody since
07.05.2025 for the offence under the Land Grabbing Act. The applicant is a
lady accused and in prison since 7 months and though her jail conduct is
stated to be not good, this Court is inclined to consider this application.
Hence, the applicant is directed to be released on temporary bail for a
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R/CR.MA/27338/2025 ORDER DATED: 06/01/2026
period of 7 Days (Seven Days) from the date of his actual release on
executing personal bond of Rs.5,000/- (Rupees Five Thousand) before the
Jail authority and on usual terms and conditions as may be imposed by the
Jail Authority.
6. The applicant shall surrender before Jail Authority on completion of
temporary bail, without fail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: YAGNESH NARENDRABHAI VYAS(HC00207), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/01/2026 10:58:45
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