High Court of Gujarat

SHOEB MOHAMMED AIBAANIversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The court held that leave to appeal should be granted, the appeal admitted, and a bailable warrant issued against the accused.

Summary

Shoeb Mohammed Aiba... filed a criminal miscellaneous application seeking leave to appeal against a decision of the trial court in a case instituted by the State of Gujarat. The High Court considered whether the applicant was entitled to be heard on the merits of the appeal and whether procedural safeguards required the issuance of a warrant against the original accused. After hearing counsel, the Court found no impediment to granting leave and ordered that the appeal be admitted. The State, through its Additional Public Prosecutor, waived service of notice of admission. Consequently, the Court directed the issuance of a bailable warrant against the original accused for a sum of Rs.5,000. The order was signed by Justice Hemant M. Prachchak on 27 July 2026.

Issues considered

Whether leave to appeal should be granted in the criminal matter
Whether the appeal can be admitted without service of notice to the State
Whether a bailable warrant may be issued against the original accused

Subjects

criminal appealleave to appealbailable warrantHigh Court of Gujaratprocedural law

Judgment

        R/CR.MA/22214/2024                                                       ORDER DATED: 27/07/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 22214
                            of 2024
                In R/CRIMINAL APPEAL/1727/2026

                                         With
                           R/CRIMINAL APPEAL NO. 1727 of 2026
================================================================
                                  SHOEB MOHAMMED AIBAANI
                                           Versus
                                  STATE OF GUJARAT & ANR.
================================================================
Appearance:
MR MM TIRMIZI FOR MR MEET G RAVAL(10630) for the Applicant(s) No. 1
MS JYOTI BHATT, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
================================================================

   CORAM:HONOURABLE MR. JUSTICE HEMANT M.
         PRACHCHHAK

                                            Date : 27/07/2026

                                                    ORDER

ORDER IN CRIMINAL MISC. APPLICATION


           Heard learned counsel of the applicant.
           Leave to appeal is granted.

ORDER IN CRIMINAL APPEAL


           Appeal is ADMITTED.
           Learned Additional Public Prosecutor waives service of notice of
admission for and on behalf of the respondent No.1 – State of Gujarat.
           Bailable warrant be issued against the respondent No.2 –
original accused in the sum of Rs.5,000=00 (Rupees Five Thousand
Only).


                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 27/07/2026 17:42:32

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