BABAFARID @ BHAIJAN HASMATALI NANANIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court granted temporary bail for seven days on the condition of a personal bond of Rs.10,000.
Summary
Babafrid @ Bhaijan Hasmataki Nanani, who has been in jail for 23 months, applied for temporary bail on the ground of needing financial assistance and to care for his family. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court examined the applicant’s satisfactory conduct in jail and the financial hardship claimed. Exercising its discretion, the Court allowed the application in part, granting temporary bail for seven days upon the applicant furnishing a personal bond of Rs.10,000. The bail is subject to the usual terms and conditions and the applicant must surrender to the jail authority at the expiry of the bail period.
Issues considered
- What is the appropriate exercise of discretion in granting temporary bail to a prisoner who has been incarcerated for 23 months?
- Whether the applicant’s claim of financial hardship and family care justifies temporary bail.
- Whether the waiver of notice by the Additional Public Prosecutor affects the grant of bail.
Subjects
Judgment
R/CR.MA/4639/2026 ORDER DATED: 20/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 4639 of
2026
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BABAFARID @ BHAIJAN HASMATAKI NANANI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR ANIL H RATHOD(9691) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 20/04/2026
ORAL ORDER
1. Present application has been filed by the applicant
seeking temporary bail for 30 days on the ground of financial
assistance and to take care of 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, more particularly, the ground mentioned
therein, as well as considering the jail remarks which
indicate that the applicant is in jail since 23 months and
that, his conduct in jail is satisfactory, this Court is inclined
to exercise discretion in favour of the present applicant.
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R/CR.MA/4639/2026 ORDER DATED: 20/04/2026
4. The application, therefore, succeeds and is allowed
in part. The applicant is ordered to be released on temporary
bail for a period of 07 days from the date of his actual
release on his 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. Rule is made
absolute accordingly.
Direct service is permitted.
(SANJEEV J.THAKER,J)
M.H. DAVE/55
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/04/2026 15:33:56
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