MOHAMMAD FAIZ MHAMMADVASIM MOHAMMAD FARUK SHAIKHversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion to grant temporary bail, holding that humanitarian grounds and the prosecutor's waiver justified a seven‑day bail on personal bond.
Summary
The applicant, who was in jail, filed a temporary bail application on the ground that his parents required medical treatment. The Additional Public Prosecutor waived service of notice, allowing the court to consider the application without procedural impediment. The court examined the humanitarian grounds and exercised its discretion in favor of the applicant. It ordered the applicant to be released on temporary bail for seven days upon furnishing a personal bond of Rs.10,000 and subject to conditions of surrender and periodic police reporting. The order was communicated to the jail authority for immediate implementation.
Issues considered
- Whether temporary bail should be granted to the accused on the ground of medical treatment of his parents
- Whether the waiver of service of notice by the prosecutor affects the court's discretion to grant bail
Subjects
Judgment
R/CR.MA/14793/2026 ORDER DATED: 03/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 14793
of 2026
==========================================================
MOHAMMAD FAIZ MHAMMADVASIM MOHAMMAD FARUK SHAIKH
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 03/07/2026
ORAL ORDER
1. This application, through jail, is filed by the applicant
seeking temporary bail on the ground of medical treatment of
the parents.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule on behalf of the respondent – State.
3. Considering application, more particularly, the ground
mentioned therein as well as the jail remarks, this Court is
inclined to exercise discretion in favour of the present
applicant.
4. The application, therefore, succeeds and is patly allowed.
The applicant is ordered to be released on temporary bail for
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R/CR.MA/14793/2026 ORDER DATED: 03/07/2026
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.
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 03/07/2026 16:16:48
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