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High Court of Gujarat

AFJAL HAJIBHAI SHAIKHversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court exercised its discretion to grant temporary bail for seven days on the condition of a personal bond of Rs.10,000.

Summary

Afjal Hajibhai Shaikh applied for temporary bail, citing the need to provide financial assistance to his family. The Additional Public Prosecutor waived service of notice on behalf of the State. After hearing the applicant's averments and considering jail remarks, the Court exercised its discretion in his favour. The Court granted temporary bail for seven days, subject to a personal bond of Rs.10,000 and usual conditions, with a direction to surrender after the bail period. The order also made the rule absolute and permitted direct service.

Issues considered

  • What is the appropriate exercise of discretion by the Court in granting temporary bail?
  • Does the waiver of service of notice by the Additional Public Prosecutor affect the bail proceedings?

Subjects

temporary bailcriminal procedurediscretionpersonal bondwaiver of notice

Judgment

     R/CR.MA/16109/2026                                       ORDER DATED: 16/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 16109
                           of 2026

==========================================================
                           AFJAL HAJIBHAI SHAIKH
                                   Versus
                          STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                Date : 16/07/2026

                                    ORAL ORDER

1.      Present       application    has    been      filed    by    the    applicant

seeking temporary bail on the ground of providing financial

assistance to his family.



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, 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

allowed. The applicant is ordered to be released on temporary

bail for a period of seven days from the date of his/her


                                      Page 1 of 2
      R/CR.MA/16109/2026                                                              ORDER DATED: 16/07/2026




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.


4.1       Rule is made absolute accordingly. Direct service is

permitted.



                                                                                  (SANJEEV J.THAKER,J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 16/07/2026 16:15:05




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