ASFAK @ASFAK KAUVA NASIR SHAIKHversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court granted temporary bail for one day on a personal bond of Rs.10,000, subject to surrender with police escort.
Summary
The applicant, Asfak @ Asfak Kauva Nasir Shaikh, filed a temporary bail application seeking release to arrange medical treatment for his mother. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court examined the applicant's claim and the jail's remarks, and exercised its discretion in favor of the applicant. It granted temporary bail for a period of one day, subject to a personal bond of Rs.10,000 and usual conditions. The applicant must surrender to the jail authority at the end of the bail period with police escort at his own cost.
Issues considered
- Whether temporary bail should be granted on the ground of the applicant's need to arrange medical treatment for his mother
- Whether the waiver of service of notice by the Additional Public Prosecutor affects the Court's discretion to grant bail
Subjects
Judgment
R/CR.MA/12835/2026 ORDER DATED: 18/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 12835
of 2026
==========================================================
ASFAK @ASFAK KAUVA NASIR SHAIKH
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR MAULIK NANAVATI for MR AMIT D SHAH(11232) for the Applicant
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 18/06/2026
ORAL ORDER
1. Present application has been filed by the applicant
seeking temporary bail on the ground of 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
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R/CR.MA/12835/2026 ORDER DATED: 18/06/2026
allowed. The applicant is ordered to be released on temporary
bail for a period of one day only from the date of his/her
actual 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 and with police
escort at the cost of the applicant.
4.1 Rule is made absolute accordingly. Direct service is
permitted.
(SANJEEV J.THAKER,J)
M.H. DAVE/95
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/06/2026 15:51:24
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