ABDULKARIM @ KARIMKHAN HAYAJI SAIYEDversusSTATE OF GUJARAT

       R/CR.MA/5636/2026                            ORDER DATED: 17/08/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
             AFTER CHARGESHEET) NO. 5636 of 2026

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                   ABDULKARIM @ KARIMKHAN HAYAJI SAIYED
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR. MAULIK NANVATI, ADVOCATE for NANAVATI & CO.(7105) for the
Applicant(s) No. 1
KAIVAN M DASTOOR(9322) for the Respondent(s) No. 1
MR. UTKARSH SHARMA, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                              Date : 17/08/2026

                                  ORDER

1.       The Applicant has filed this Application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging him on Regular
Bail in connection with FIR being C.R. No. 11191043230539 of 2023
registered with Shahpur Police Station, Ahmedabad for the offence under
Sections 302, 114 of the Indian Penal Code and Section 135(1) of the G.P.
Act.

2.       Heard learned Advocate Mr. Maulik Nanavati appearing for the
Applicant and learned APP for the Respondent – State and learned
Advocate Mr. Kaivan M. Dastoor appearing on behalf of Respondent
No.2 – Original Complainant.

3.       Rule. Learned APP waives service of notice of Rule on behalf of
the Respondent - State and learned Advocate Mr. Dastoor waives service
of notice of Rule on behalf of the Original Complainant.

4.       Learned Advocate Mr. Maulik Nanavati appearing for the
Applicant has submitted that the Applicant has been arrested in

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     R/CR.MA/5636/2026                              ORDER DATED: 17/08/2026




connection with the present offence on 2.11.2023 and since then he is in
the custody. The trial of the offence is yet to be concluded and there are
several witnesses yet to be examined before the trial court. The Applicant
is aged 76 years and is suffering from several bodily complications. He
has also been advised to undergo a bypass surgery. However, having
regard to the age of the Applicant as well as the high blood sugar level, it
is not advisable for the Applicant to perform any bypass surgery. The
Applicant is not in a position to move without any help. He therefore
submitted to allow the present Application and enlarge the Applicant on
bail subject to suitable conditions.

5.     Learned APP has opposed the present application for grant of
regular bail contending this court vide order dated 10.04.2026 has ordered
the Applicant to be enlarged on temporary bail. The said temporary bail
had continued till 12.06.2026. When the Applicant was on temporary
bail, a chapter case came to be registered against him for having
threatened the witnesses of the present case. He further submitted that all
the necessary treatments are being provided to the Applicant by the
concerned jail authority. There being no change in the circumstances
after the withdrawal of the earlier Application filed by the Applicant, the
present successive Application is not maintainable. Learned APP has
therefore submitted that looking to the nature of offence, this Court may
not exercise the discretion in favour of the applicant and the Application
may be dismissed.

6.     Learned Advocate Mr. Kaivan M. Dastoor appearing on behalf of
the Original Complainant has also opposed the Application contending
that the Applicant is being provided the best of the treatment for his heart
ailment at the U.N.Mehta Hospital in Ahmedabad and he has been
advised to undergo bypass surgery. However, the Applicant is refusing to


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      R/CR.MA/5636/2026                                 ORDER DATED: 17/08/2026




get operated as advised. He further submitted that if the Applicant is
released on bail, there are all chances that he may cause harm to the
witnesses of prosecution. He further submitted that having regard to the
fact that a chapter case has been registered against the Applicant while he
was on temporary bail, it cannot be said that the Applicant is not in a
position to move on his own. He therefore submitted to dismiss the
present Application.

7.      Heard learned Advocates for the parties and perused the record.
The investigation is over and charge sheet is filed. The Applicant has
earlier preferred Criminal Misc. Application No. 149 of 2026 which was
allowed to be withdrawn by this court vide order dated 16.01.2026.
Thereafter the present successive application is filed by the Applicant.

7.1     The Applicant has been arrested in connection with the present
offence on 2.11.2023. Thus, the Applicant has undergone incarceration
for a period of more than 30 months. Out of the number of witnesses
cited by the prosecution in the charge sheet, some witnesses are examined
and half the witnesses are remained to be examined before the learned
trial court. Therefore, the trial of the offence is not likely to conclude in
the near future. Moreover, the Applicant is stated to be aged 76 years and
is suffering from several bodily complications. Considering his medical
condition, in the past, this court had ordered him to be released on
temporary bail.           Considering these aspects, the Application deserves
consideration. This court has also considered the following aspects:
(a)     As per catena of decisions of Hon’ble Supreme Court, there are
mainly 3 factors which are required to be considered by this court i.e.
prima facie case, availability of Applicant accused at the time of trial and
tampering and hampering with the witnesses by the accused.
(b) That the learned Advocate for the Applicant has submitted that the


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     R/CR.MA/5636/2026                               ORDER DATED: 17/08/2026




Applicant Accused is not likely to flee away.
(c) That the Applicant is in custody since 2.11.2023.
(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay
Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

8.       Having heard the learned Advocates for the parties and perusing
the record produced in this case as well as taking into consideration the
facts of the case, nature of allegations, gravity of accusation, availability
of the Applicant Accused at the time of Trial etc. and the role attributed to
the present Applicant accused, the present Application deserves to be
allowed and accordingly stands allowed. This Court has also gone
through the FIR and police papers and also the earlier order passed by the
learned Sessions Court where the learned Sessions Judge has disallowed
the bail Application at initial stage. The Applicant Accused is ordered to
be released on bail in connection with the aforesaid FIR on executing a
personal bond of Rs.10,000/- with one surety of the like amount to the
satisfaction of the trial Court, subject to the following conditions that he
shall:

(a) not directly or indirectly make any inducement, threat or promise to
any person acquainted with the fact of the case so as to dissuade him from
disclosing such facts to the Court or any Police Officer or tamper with the
evidence.
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present
address of residence to the Investigating Officer and to the Trial Court at
the time of executing the bond and shall not change the residence without
prior permission of the trial Court.
(d) provide contact numbers as well as the contact numbers of the sureties
before the Trial Court. In case of change in such numbers inform in


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      R/CR.MA/5636/2026                                                             ORDER DATED: 17/08/2026




writing immediately to the trial Court.
(e) mark his presence before the concerned trial court on every occasion
when the matter is on board, without fail.
(f) file an affidavit stating his immovable properties whether self acquired
or ancestral with description, location and present value of such
properties before the Trial Court, if any.
(g) not leave India without prior permission of the Trial Court
(h) surrender passport, if any, to the Trial Court within a week. If the
Applicant does not possess passport, shall file an Affidavit to that effect.
(i) not enter the area of Shahpur Police Station till the conclusion of trial.

9.        Bail bond to be executed before the Trial Court having jurisdiction
to try the case. It would be open for the Trial Court concerned to give
time to furnish the solvency certificate if prayed for.

10.       If breach of any of the above conditions is committed, the Trial
Court concerned will be free to issue warrant or take appropriate action
according to law. The Authorities will release the Applicant forthwith
only if the Applicant is not required in connection with any other offence
for the time being.

11.       At the trial, the concerned trial Court shall not be influenced by the
prima facie observations made by this Court in the present order.

12.       Rule is made absolute. Direct service permitted.



                                                                                         (M. R. MENGDEY,J)

J.N.W / SB I / 1




        Original copy of this order has been signed by the Hon'ble Judge.
        Digitally signed by: JAYANTILAL NARAYAN WAGHELA(HC00178), Principal Pvt. Secretary, at High Court of Gujarat on 17/08/2026 14:52:03

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