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High Court of Gujarat

ABDUL WAZID ABDUL SAHID SHEK THRO ROSHANARA ABDUL SAHID SHEKHversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court exercised its discretion and granted temporary bail for seven days with a bond and reporting conditions.

Summary

Abdul Wazid Abdul Sahid Shekh applied for temporary bail, citing the need for financial assistance to his family and to perform the funeral rites of his maternal grandmother. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court examined the applicant's grounds and the jail remarks, and exercised its discretion in his favour. It granted temporary bail for a period of seven days, subject to a personal bond of Rs.10,000 and conditions to surrender after the period and to report to the nearest police station on the 3rd and 5th days. The order was communicated to the jail authority.

Issues considered

  • Whether temporary bail should be granted on humanitarian grounds of family financial hardship and funeral rites
  • Whether the Court may exercise its discretion to grant temporary bail despite the prosecution's position

Subjects

temporary bailcriminal procedurebail conditionsfamily hardshipfuneral rites

Judgment

      R/CR.MA/13046/2026                                        ORDER DATED: 15/06/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 13046
                           of 2026

==========================================================
ABDUL WAZID ABDUL SAHID SHEKH THRO ROSHANARA ABDUL SAHIS
                          SHEKH
                          Versus
                 STATE OF GUJARAT & ANR.
==========================================================
Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                  Date : 15/06/2026

                                     ORAL ORDER


1.       Present       application     has    been      filed    by    the    applicant

through his representative, who appears in person, seeking

temporary bail on the ground of financial assistance to his

family and performing after death rituals of his maternal

grandmother.



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.



                                        Page 1 of 2
                         R/CR.MA/13046/2026                                                 ORDER DATED: 15/06/2026




                   4.       The       application,           therefore,        succeeds          and       is   partly

                   allowed. The applicant is ordered to be released on temporary

                   bail for a period of 7 days 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 with a further

                   condition that the applicant shall mark presence before the
                   nearest police station every 3rd and 5th day.                                    Rule is made

                   absolute accordingly.



                   4.1      Registry to communicate this order to the concerned jail

                   authority, forthwith.


                                                                                         (SANJEEV J.THAKER,J)
                   URIL RANA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 15/06/2026 17:37:49




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