High Court of Gujarat

MOHSIN MAHAMADBHAI HIMAMversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: P M RAVAL

Holding

The court disposed of the temporary bail application, directing the jail and hospital to arrange surgery when the required Endobutton loop becomes available, as there was no emergency.

Summary

The petitioner, Mohsin Mahamadbhai Himam, filed a temporary bail application claiming he required orthopedic surgery that needed an Endobutton loop. The medical report indicated that the surgery was not an emergency. The court directed that the jail authority should take the applicant for surgery once the Endobutton loop becomes available at Sir T Hospital, and the hospital must inform the jail of its availability. A copy of the order was to be sent to the head of the Orthopaedic Department of the hospital. Since there was no emergency, the court disposed of the bail application without granting bail, providing only procedural directions for the surgery.

Issues considered

Whether the applicant is entitled to temporary bail on the ground of medical necessity
Whether the lack of emergency surgery justifies denial of bail
What procedural directions are appropriate for the jail and hospital regarding the applicant's surgery

Subjects

temporary bailmedical conditionsurgeryEndobutton loopjail authorityhospital authorityno emergency

Judgment

          R/CR.MA/9012/2026                                                                      ORDER DATED: 20/04/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 9012 of
                               2026

  ==========================================================
                                        MOHSIN MAHAMADBHAI HIMAM
                                                  Versus
                                         STATE OF GUJARAT & ANR.
  ==========================================================
  Appearance:
  MR. HARDIK C THAKKAR(7133) for the Applicant(s) No. 1
  KRUTIK PARIKH APP for the Respondent(s) No. 1
  ==========================================================

      CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                                      Date : 20/04/2026

                                                         ORAL ORDER


  1.          As and when the Endobutton loop becomes available at
  Sir T Hospital, the jail authority shall take the present Applicant
  for surgery.
  2.          The hospital authority shall inform the jail authority
  regarding the availability of the Endobutton loop, which is
  required for the Applicant’s surgery. A copy of this order shall
  also be forwarded to the head of the Orthopaedic Department
  of Sir T Hospital, Bhavnagar, so that as and when the
  Endobutton loop becomes available, the Applicant may be
  taken for surgery since there is no emergency for surgery as
  stated by the Doctor.
  3.          In view of the above observations, the application stands
  disposed of.

                                                                                                           (P. M. RAVAL, J)
  MMP
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/04/2026
17:54:21




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