AAMAD ILIYASBHAI JEDAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The court granted regular bail to the applicant under Section 483 CrPC, without expressing any opinion on the merits of the case.
Summary
The applicant had been in judicial custody since 2019 for murder and related offences, with a chargesheet filed against eight accused. He had been detained for over six years and sought regular bail under Section 483 of the Code of Criminal Procedure, invoking the principle of parity with co‑accused who had been granted bail. The State opposed the application, arguing that the trial was ongoing and material witnesses were still being examined. The court examined the record and observed the prolonged pre‑trial detention and the improbability of a speedy trial. Without expressing any opinion on the merits, the court granted regular bail subject to a personal bond, surety and specified conditions.
Issues considered
- Whether regular bail can be granted after the filing of a chargesheet for serious offences when the accused has been in pre‑trial detention for more than six years
- Whether the principle of parity with co‑accused who have been granted bail warrants the grant of bail in this case
- Whether the pending trial and examination of material witnesses preclude the grant of bail
Legislation cited
- Code of Criminal Procedure, 1973s. 483
- Gujarat Police Acts. 135(1)
- Indian Penal Code, 1860s. 143, s. 144, s. 147, s. 148, s. 149, s. 302, s. 307, s. 323, s. 324, s. 325, s. 504, s. 506(2)
Subjects
Judgment
R/CR.MA/3392/2026 ORDER DATED: 20/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 3392 of 2026
==========================================================
AAMAD ILIYASBHAI JEDA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR SHIVRAJSINGH B RATHORE(10291) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 20/02/2026
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule for and
on behalf of the respondent – State.
2. The applicant, by way of this successive application filed
under Section 483 of the Code of B.N.S.S., seeks regular
bail in connection with the FIR being C.R. No.I-218 of
2019 registered with City “B” Division Police Station,
Dist. Jamnagar, for the offences punishable under
Sections 302, 307, 325, 324, 504, 143, 144, 147, 148,
149, 506(2) and 323 of the Indian Penal Code Section
135(1) of G.P. Act.
3. It is the submission of learned counsel for the applicant
that the applicant is in judicial custody since 2019 and
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R/CR.MA/3392/2026 ORDER DATED: 20/02/2026
presently, the U.T.P. custody period is 6 years and more.
He further submitted that similarly situated accused have
been granted bail by this court and therefore, on the
principle of parity, the prayer made by the applicant may
be considered.
4. Learned APP has opposed the bail application contending
that, the matter is pending before the trial court and most
of the material witnesses being examined by the
prosecution and therefore, instead of granting bail, let the
order for expeditious trial may be passed.
5. Having heard learned advocates for the respective parties
and upon perusal of material placed on record, it appears
that, the chargesheet for the aforesaid offences came to be
filed against eight accused persons for the alleged murder,
occurred on 25.12.2019. It is not in dispute that, the
custody period of the applicant is 6 years and more and till
date, there are no possibilities of conclusion of trial in near
future. The co-accused having similar role, is being
considered by this court. In such circumstances, without
entering into the merits of the case, I am inclined to
enlarge the applicant on regular bail.
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R/CR.MA/3392/2026 ORDER DATED: 20/02/2026
6. Hence, the bail application is allowed and the applicant is
ordered to be released on regular bail in connection with
the FIR being C.R. No.I-218 of 2019 registered with
City “B” Division Police Station, Dist. Jamnagar, on
executing a personal bond of Rs.10,000/- (Rupees Ten
thousands only), with one surety of the like amount to the
satisfaction of the learned Trial Court and subject to the
conditions that he shall:
No. Conditions
(a) not take undue advantage of liberty or misuse
liberty;
(b) not act in a manner injuries to the interest of the
prosecution;
(c) surrender passport, if any, to the lower court within
a week;
(d) not leave India without prior permission of the
Sessions Judge concerned;
(e) furnish latest address of residence to the
Investigating Officer and also to the Court at the
time of execution of the bond and shall not change
the residence without prior permission of the trial
Court;
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R/CR.MA/3392/2026 ORDER DATED: 20/02/2026
7. The authorities shall release the applicant if he is not
required in connection with the any other offence. If breach
of any above condition is committed, the Sessions Judge
concerned shall take appropriate action or issue warrant
against the applicant. The bail bond to be executed before
the learned trial Court having jurisdiction to try the case. It
will be open for the sessions judge concerned to delete,
modify and/or relax any of the above conditions, in
accordance with law. Nothing stated hereinabove, shall
tantamount to the expression of any opinion on the merits
of this case. Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
(ILESH J. VORA,J)
P.S. JOSHI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 20/02/2026 17:12:37
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