MOHSIN URFE PITA RAMZANBHAI BHIKHUBHAI CHAUHAN THRO ASMABANU NAVED SHAIKHversusSTATE OF GUJARAT
- Disposal
- PARTLY ALLOWED @ ADMISSION STAGE
- Bench
- P M RAVAL
Holding
The Court reduced the bail deposit to Rs.50,000 and granted temporary bail for ten days.
Summary
The applicant, Mohsin urfe Pita Ramzanbhai Bhikhubhai Chauhan, applied for temporary bail through his wife on the ground of her medical treatment. The Sessions Court had earlier granted temporary bail conditioned on a deposit of Rs.1 lakh, which the applicant could not afford. The wife argued that the deposit amount should be reduced due to the applicant's financial constraints. The High Court, after hearing the wife and the Additional Public Prosecutor, held that justice required a reduction of the bail deposit. Consequently, the Court allowed the application in part, granting temporary bail for ten days and reducing the deposit to Rs.50,000, with a direction to surrender after the bail period.
Issues considered
- Whether the applicant is entitled to temporary bail despite inability to pay the originally stipulated bail deposit
- Whether the bail deposit amount can be reduced on account of the applicant's financial condition
Subjects
Judgment
R/CR.MA/5820/2026 ORDER DATED: 12/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL)
NO. 5820 of 2026
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MOHSIN URFE PITA RAMZANBHAI BHIKHUBHAI
CHAUHAN THRO ASMABANU NAVED SHAIKH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 12/03/2026
ORAL ORDER
1. Present application has been filed by the applicant through
his wife seeking temporary bail for 30 days on the ground of her
medical treatment.
2. Rule. Learned Additional Public Prosecutor waives service
of notice of rule on behalf of the respondent – State.
3. Having heard the wife of the applicant who appeared in
person and the learned Additional Public Prosecutor, as also
considering the record, it appears that the applicant had preferred
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R/CR.MA/5820/2026 ORDER DATED: 12/03/2026
an application for temporary bail before the Sessions Court
concerned and by an order dated 19.01.2026 passed in Criminal
Misc. Application No. 31 of 2026, the said application came to be
allowed in part, wherein, one of the conditions imposed was to
deposit Rs.1 lakh, which would be returned to the applicant on his
surrendering back. The wife of the applicant has stated that in
view of the financial condition, the applicant is not in a position to
deposit such an amount and accordingly, she urges that such
amount may be reduced suitably.
4. In aforesaid view of the matter, in the considered opinion of
the Court, interest of justice would be served if the aforesaid
amount is reduced considering the ground for temporary bail as
well as the financial condition of the applicant.
5. Accordingly, this application is allowed in part. The
applicant is ordered to be released on temporary bail for a period
of 10 days from the date of his actual release on the conditions that
are imposed vide above-referred order dated 19.01.2026 passed by
the learned Sessions Judge, however, the amount to be deposited
by the applicant is reduced to Rs.50,000/-. The applicant shall
surrender to the jail authority on expiry of the temporary bail
period forthwith.
5.1 Rule is made absolute accordingly.
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R/CR.MA/5820/2026 ORDER DATED: 12/03/2026
5.2 Registry to communicate this order to the jail authority
concerned, forthwith.
[ P. M. Raval, J. ]
hiren/DB/4tss12326
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/03/2026 14:02:40
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