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High Court of Gujarat

ZEBUNBEN JAKIRSHA SHAHAMDARversusSTATE OF GUJARAT

Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The Court exercised its discretion and granted regular bail to the applicant with conditions.

Summary

The petitioner, Zebunben Jakirsha Shahamdar, was arrested on 6 March 2026 in connection with FIR C.R. No. 11203025260100 alleging offences under Sections 305(A), 331(3), 331(4), 317(4), 317(5) and 54 of the BNSS. She contended that she merely mortgaged stolen ornaments and sold them, without taking part in the underlying theft, and therefore sought regular bail under Section 483 of the BNSS. The State opposed bail, arguing that the nature of the accusations warranted continued detention. After hearing both sides, the Court found that the applicant’s role was peripheral and that continued incarceration would not serve any useful purpose. Consequently, the Court exercised its discretion to grant regular bail, subject to a personal bond of Rs.10,000 and a series of strict conditions, without expressing any opinion on the merits of the case.

Issues considered

  • Whether regular bail may be granted to an accused who allegedly mortgaged and sold stolen ornaments but did not participate in the theft, under Section 483 of the BNSS.

Subjects

regular bailSection 483BNSScriminal procedurebail conditionschargesheet

Judgment

     R/CR.MA/12380/2026                               ORDER DATED: 03/06/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
            CHARGESHEET) NO. 12380 of 2026

=========================================================
               ZEBUNBEN JAKIRSHA SHAHAMDAR
                           Versus
                     STATE OF GUJARAT
=========================================================
Appearance:
MR. VIPUL SAVDAS REVDARIYA(14299) for the Applicant(s) No. 1
MR. RONAK RAVAL. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
=========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                             Date : 03/06/2026
                               ORAL ORDER


1.      Rule. Learned APP waives service of Rule on behalf of
        respondent State.


2.      The applicant, by way of this application filed under Section
        483 of the BNSS, seeks regular bail in connection with the FIR
        being C.R. No. 11203025260100 of 2026 registered with
        Junagadh Taluka Police Station, Dist. Junagadh, for the
        offences punishable under Sections 305(A), 331(3), 331(4),
        317(4), 317(5) and 54 of BNS.


3.      It is the submission of learned counsel for the applicant that he
        is   suffering    confinement    since   06.03.2026.      He    further
        submitted that the applicant has not played any vital role in the
        alleged offence. Hence, further detention of the applicant is
        unwarranted.


4.      Learned APP has opposed the bail application contending that,


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     R/CR.MA/12380/2026                                      ORDER DATED: 03/06/2026




        considering the conduct of the applicant and nature of
        accusation, the discretion may not be exercised in favour of the
        applicant.


5.      Having heard the learned counsel for the respective parties and
        upon perusal of the material placed on record, it appears that
        the applicant, a lady accused, had not participated in the
        alleged offence. The only role attributed to her is that she had
        mortgaged the stolen ornaments with a goldsmith and, after
        paying the outstanding amount, sold it to a third party. In such
        circumstances,     having    regard       to   the   peculiar     facts    and
        circumstances of the present case and upon imposing stringent
        conditions, I am inclined to exercise discretion in favour of the
        applicant, as keeping the applicant behind bars would not serve
        any useful purpose. Hence, the bail application is allowed.
                In such circumstances, considering the role attributable
        to present applicant herein and evidence in support of charge,
        without commenting on merits of the matter, I deemed it fit to
        release the applicant on bail. Hence, present application is
        allowed.


6.      Hence, the applicant is ordered to be released on regular bail in
        connection with the FIR being C.R. No. 11203025260100 of
        2026 registered with Junagadh Taluka Police Station, Dist.
        Junagadh, on executing a personal bond of Rs.10,000/-
        (Rupees Ten Thousand only), with one surety of the like amount
        to the satisfaction of the learned Trial Court and subject to the
        conditions that he shall:


         No.                           Conditions
         (a)    not take undue advantage of liberty or misuse liberty;


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      R/CR.MA/12380/2026                                                                        ORDER DATED: 03/06/2026




            (b)        not act in a manner injuries to the interest of the
                       prosecution;

            (c)        surrender passport, if any, to the lower court within a
                       week;

            (d)        not leave India without prior permission of the
                       Sessions Judge concerned;

            (e)        furnish latest address of residence to the Investigating
                       Officer and also to the Court at the time of execution
                       of the bond and shall not change the residence
                       without prior permission of the trial Court;

            (f)        Shall not enter in jurisdiction area of Junagadh
                       Taluka for a period of 1 years except for mark her
                       presence before the concerned Court as well as Police
                       Station, if any.




7.       The authorities shall release the applicant if he is not required in
         connection with the any other offence. If breach of any above
         condition is committed, the Sessions Judge concerned shall take
         appropriate action or issue warrant against the applicant. The
         bail bond to be executed before the learned trial Court having
         jurisdiction to try the case. It will be open for the sessions judge
         concerned to delete, modify and/or relax any of the above
         conditions, in accordance with law. Nothing stated hereinabove,
         shall tantamount to the expression of any opinion on the merits
         of this case. Rule is made absolute to the aforesaid extent. Direct
         service permitted.




                                                                                                   (ILESH J. VORA,J)
Mehul Desai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 03/06/2026 11:30:14




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