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High Court of Gujarat

SABIRHUSEN URFE GOTU ALTAFHUSEN NABIBHAI SHAIKHversusTHE STATE OF GUJARAT

Disposal
44-PARTLY ALLOWED @ FH

Holding

The court exercised its discretion to grant temporary bail for 14 days with a personal bond and sureties, imposing strict reporting conditions and prohibiting any further extension.

Summary

The applicant, Sabirhusen Altafhusen Nabibhai Shaikh, applied for temporary bail for 30 days, citing the need to provide financial assistance to his family. The court heard arguments from the applicant’s counsel (appearing through jail) and the State’s counsel, Mr. Soaham Joshi, who waived service of notice. Considering that the applicant had been in custody since 24‑03‑2024, the court exercised its discretion and granted temporary bail for 14 days on a personal bond of Rs.25,000 with two sureties of the same amount, subject to reporting twice daily to the police station and remaining within the local limits of Ahmedabad Police Station. The court ordered that the applicant surrender to the jail authority at the end of the bail period and ruled that no further reduction of bond amount or extension of bail would be entertained. The application was allowed on these terms.

Issues considered

  • What is the appropriate discretion of the court in granting temporary bail to an accused who has been in custody for an extended period?
  • Whether the conditions imposed, including bond amount, sureties, and reporting requirements, are lawful and sufficient for temporary bail.

Subjects

temporary bailpersonal bondsuretypolice reportingno extension

Judgment

     R/CR.MA/5273/2026                                  ORDER DATED: 06/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 5273 of
                            2026

==========================================================
                SABIRHUSEN ALTAFHUSEN NABIBHAI SHAIKH
                                Versus
                     THE STATE OF GUJARAT & ANR.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                               Date : 06/03/2026
                                ORAL ORDER


1.     This      application   is   preferred      by   the    Applicant          for
temporary bail for a period of 30 days on the ground of
providing financial assistance to his family.


2.     Heard learned Advocate for the Applicant and learned
APP Mr. Soaham Joshi for the Respondent - State.


3.     RULE.         Learned APP waives service of notice Rule on
behalf of the respondent-State.


4.     Considering the fact that the applicant is behind the bar
since 24.03.2024, this court is inclined to exercise its discretion
in his favour and pass the following order: -


(a) The Applicant is ordered to be released on temporary bail
for 14 days on the Applicant               furnishing a personal bond of


                                    Page 1 of 2
     R/CR.MA/5273/2026                                                           ORDER DATED: 06/03/2026




Rs.25,000/- with a two sureties of the like amount to the
satisfaction of the concerned authority, on usual terms and
conditions which shall be decided by the Jail Authority. The
applicant shall mark his presence twice in the morning and the
in the evening on a daily basis before the concerned police
station. The applicant shall not leave the local limits of the
Ahmedabad Police Station. The Applicant shall surrender before
the concerned jail authority on expiry of the temporary bail
period.


6.       This Court shall not entertain application for reduction of
amount of personal bond and surety.


7.       The application is allowed in the aforesaid terms. It is
hereby clarified that no further extension shall be granted.
Rule is made absolute accordingly.




                                                           (UTKARSH THAKORBHAI DESAI, J)
PARMAR CHIRAG




 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: PARMAR CHIRAG KANUBHAI(HC02371), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 06/03/2026 17:31:15




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