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 ========================================================== ABDULKARIM @ KARIMKHAN HAYAJI SAIYED Versus STATE OF GUJARAT ========================================================== 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 ========================================================== 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 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 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 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 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