AKBAR PIRMAMAD KHALIFAversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
Holding
The court granted temporary bail for a limited period, modifying the lower court's order and refusing any further extension.
Summary
The petitioners, Akbar Pirmamad Khalifa and another, applied for temporary bail on humanitarian grounds, citing the need to attend their brother's and sister's marriage ceremonies and to arrange funds for their hospitalized daughter. The Additional Sessions Judge, Bhuj‑Kachchh, had earlier granted a two‑day bail with conditions. The petitioners' counsel argued that the applicant's presence was essential for the marriage rituals. The High Court, after considering the circumstances, exercised its discretion to modify the lower court's order, extending the bail period from 11‑02‑2026 to 15‑02‑2026, with the same conditions and a clear direction that no further extension would be permitted. The order was made absolute and the application was allowed.
Issues considered
- Whether the applicant is entitled to temporary bail pending trial on humanitarian grounds
- Whether the bail period can be extended beyond the lower court's order
Subjects
Judgment
R/CR.MA/3619/2026 ORDER DATED: 10/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 3619 of
2026
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AKBAR PIRMAMAD KHALIFA & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS TASNIM A ZABUAWALA(10756) for the Applicant(s) No. 1,2
MR ROHAN RAVAL, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 10/02/2026
ORAL ORDER
1. Rule returnable forthwith. Learned APP waives
service of rule on behalf of the respondent State.
2. The present application is led by the applicant
seeking temporary bail for a period of 30 days on the
ground of marriage ceremony of his brother and sister, so
also, to make arrangements of funds since his daughter is
hospitalized.
3. The applicant had preferred an application seeking
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R/CR.MA/3619/2026 ORDER DATED: 10/02/2026
temporary bail before the Court of Learned Additional
Sessions Judge, Bhuj-Kachchh by way of ling Criminal
Misc. Application No. 157 of 2026. The competent court
partly allowed the said application and directed release of
the applicant for two days, subject to conditions.
4. Learned advocate for the applicant submitted that,
the applicant’s brother and sister are getting married and
his presence is required for various marriage rituals.
Having considered the ground mentioned in the
application and considering the facts and circumstance of
the case, this court is inclined to exercise discretion in
favour of the applicant.
5. Accordingly, the order dated 04.02.2026 passed by
the learned Additional Sessions Judge, Bhuj-Kachchh in
Criminal Misc. Application No. 157 of 2026 is modi ed
inasmuch as, the applicant is directed to be released on
temporary bail from 11.02.2026 to 15.02.2026 at 1800
hours. He shall surrender on 15.02.2026 by 1800 hours
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R/CR.MA/3619/2026 ORDER DATED: 10/02/2026
instead of 13.02.2026 as directed by the learned
Additional Sessions Judge. The rest of the conditions as
imposed by the learned Additional Sessions Judge shall
remain the same.
6. It is hereby clari ed that, no further extension shall
be granted on expiry of the temporary bail period.
7. The application is allowed in the aforesaid terms.
Rule is made absolute. Direct service is permitted today.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/02/2026 18:04:18
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