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2026 DAILYLAW 1092 (GUJ)

MUNAVAR KHALID MAMJI v. STATE OF GUJARAT

CR.MA/12207/2026 · 2026-06-02

Ilesh J Vora

body2026

Judgment text

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R/CR.MA/12207/2026 ORDER DATED: 02/06/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 12207 of 2026 ========================================================== MUNAVAR KHALID MAMJI Versus STATE OF GUJARAT ========================================================== Appearance: O I PATHAN(7684) for the Applicant(s) No. 1 MR NIRAJ SHARMA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 02/06/2026 ORAL ORDER 1. Rule. Learned APP waives service of Rule on behalf of respondent State. 2. The applicant, by way of this application filed under Section 483 of the BNSS, seeks regular bail in connection with the FIR being C.R. No.11199012250439 of 2025 registered with Bharuch ‘B’ Division Police Station, Bharuch for the offences punishable under Sections 331(4), 305(A), 3(5) of the BNS Act. 3. It is the submission of learned counsel for the applicant that he is suffering confinement since 02.03.2026. He further submitted that the applicant has not alleged to have played any vital role in the alleged offence. Hence, further detention of the applicant is unwarranted. 4. Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant. Page 1 of 3 R/CR.MA/12207/2026 ORDER DATED: 02/06/2026 5. Having heard the learned counsel for the respective parties and upon perusal of the material placed on record, it appears that, the applicant herein has been arraigned as accused on the allegation of theft allegedly registered with Bharuch ‘B’ Division Police Station, Bharuch, as referred in the case papers. Admittedly, he has been arrested on the basis of the statement of co-accused. No recovery is being effected from the personal search of the accused. In such circumstances, having regard to the role attributed to the present applicant herein, I am inclined to exercise judicial discretion in favour of the applicant. 6. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.11199012250439 of 2025 registered with Bharuch ‘B’ Division Police Station, Bharuch, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall: No. Conditions (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injuries to the interest of the prosecution; (c) surrender passport, if any, to the lower court within a week; (d) furnish latest address of residence along with cell number to the Investigating Officer and also to the Court within week from actual release and shall not change the residence without prior permission of the R/CR.MA/12207/2026 ORDER DATED: 02/06/2026 trial Court; (e) mark his presence before the Bharuch ‘B’ Division Police Station for a period of one year, in the first week of every month between 11:00 a.m. to 01:00 p.m. 7. The authorities shall release the applicant if he is not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Rule is made absolute to the aforesaid extent. Direct service permitted. (ILESH J. VORA,J) Rakesh Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 02/06/2026 11:12:04