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High Court of Gujarat

AASIF @ ALGASE @ TANPO @ SADELA RUSTAMBHAI AMIRBHAI SHAIKHversusSTATE OF GUJARAT

Disposal
28-REJECTED @ ADM.STAGE

Holding

Temporary bail was denied because the applicant had previously absconded after being released on bail.

Summary

The applicant, an under‑trial prisoner charged with a serious offence under the Indian Penal Code, applied for temporary bail through jail. The court noted that the applicant had previously been released on temporary bail but had absconded for 287 days before being recaptured by police. The learned Sessions Judge had also recorded this conduct. Considering the prior absconding and the Sessions Judge’s order, the court found no sufficient ground to grant bail. Consequently, the application for temporary bail was rejected. The order was directed to be communicated to the jail authorities.

Issues considered

  • Whether temporary bail should be granted to an under‑trial accused who previously absconded after being released on bail
  • Whether the prior order of the Sessions Judge and the applicant's history of absconding preclude further bail

Legislation cited

Subjects

temporary bailabscondingunder‑trial prisonerIndian Penal Codecriminal procedure

Judgment

     R/CR.MA/8042/2026                          ORDER DATED: 09/04/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL)
                  NO. 8042 of 2026

================================================
   AASIF @ ALGASE @ TANPO @ SADELA RUSTAMBHAI
                   AMIRBHAI SHAIKH
                          Versus
              STATE OF GUJARAT & ANR.
================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1
================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                          Date : 09/04/2026

                          ORAL ORDER

1.     This application, through jail, is filed by the applicant
seeking temporary bail.


2.     It is reported that the applicant is involved in a serious
offence under the IPC and is an under trial prisoner. Further,
earlier when he was released on temporary bail, he absconded for
287 days and could be lodged back only by police. Considering
the same, as also the order of the learned Sessions Judge, no case is
made out. The application is rejected, accordingly.




                              Page 1 of 2
             R/CR.MA/8042/2026                                                            ORDER DATED: 09/04/2026




      3.        Registry to communicate this order to the concerned jail
      authority.


                                                                                                 [ P. M. Raval, J. ]
      hiren/10tss9426




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 09/04/2026 14:14:43



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