JOKHIYA IMTIYAZ BASIRBHAI (NAME AS PER ORDER)versusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court granted temporary bail for a period of seven days subject to a personal bond and reporting conditions.
Summary
The applicant, Jokhiya Imtiyaz Basirbhai, filed a criminal miscellaneous application seeking temporary bail on the ground that he needed financial assistance for his family and to pay school fees for his children. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court, after hearing the applicant’s averments and considering the jail remarks, exercised its discretion in favour of the applicant. It ordered that the applicant be released on temporary bail for seven days upon furnishing a personal bond of Rs.10,000 and complying with usual bail conditions. Additionally, the applicant must surrender to the jail authority at the end of the bail period and report to the nearest police station on the 3rd and 5th day after release. The rule was made absolute and direct service was permitted.
Issues considered
- Whether temporary bail can be granted on the ground of financial hardship and family obligations
- Whether the court may waive service of notice in a bail application
- What conditions may be imposed on temporary bail
Subjects
Judgment
R/CR.MA/14478/2026 ORDER DATED: 30/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 14478
of 2026
==========================================================
JOKHIYA IMTIYAZ BASIRBHAI (NAME AS PER ORDER)
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
M S PADALIYA(7406) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 30/06/2026
ORAL ORDER
1. Present application has been filed by the applicant
seeking temporary bail on the ground of financial assistance
to his family and arrangement of school fees for his children.
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/14478/2026 ORDER DATED: 30/06/2026
allowed. The applicant is ordered to be released on temporary
bail for a period of Seven 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 from the date of
release.
4.1 Rule is made absolute accordingly. Direct service is
permitted.
(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 30/06/2026 16:32:12
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