IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. ____ /2026
[@ Special Leave Petition (Crl.) No.17045/2026]
TOSHIF @ SONU YUNUSKHAN SHAIKH (PATHAN) Appellant(s)
VERSUS
STATE OF GUJARAT Respondent(s)
[NyayVidhan note: paragraphs 1-9 carry the Court's numbers. The appeal number is left blank in the signed order (shown here as ____); the Supreme Court's Latest Orders listing gives it as Crl.A. No. 5032/2026. The order does not name the statute or the sections under which the case was registered, and it does not say what the contraband was. The record of proceedings of 26.10.2026, which follows the signed order, is given in abridged form, with the list of counsel on one line and without its own paragraph numbers or its quotation of paragraphs 7 and 8; the digital-signature block, Registry signatures, page footers and page numbers are left out.]
[Source: Supreme Court of India, www.sci.gov.in — order dated 26.10.2026.]
O R D E R
1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal arises from an order dated 10.07.2026 passed by the Gujarat High Court rejecting the regular bail prayer of the appellant in connection with FIR being C.R. No.11210055250460 of 2025 registered with Salabatpura Police Station, District Surat City.
4. The submission on behalf of the appellant is that there is no recovery of contraband from the appellant; the recovery is alleged to be from appellant’s father; and the appellant has been implicated on the basis of confessional statement of his father which has no evidentiary value. Besides, it is submitted that the appellant has suffered incarceration since 08.05.2025 and the trial is not likely to conclude in near future.
5. The learned counsel for the respondent-State has opposed the prayer for bail, but could not dispute that there is no recovery of contraband from the appellant in connection with the present case.
6. Having regard to the above, without expressing any opinion on merits of the prosecution case, we are of the view that the appellant is entitled to be released on bail pending trial.
7. The appeal is, accordingly, allowed. The order passed by the High Court rejecting the bail prayer of the appellant is set aside.
8. The appellant shall be released on bail on such terms and conditions as the trial court may deem fit to impose in the facts and circumstances of the case.
9. Pending application(s), if any, shall stand disposed of.
…………………………………………………J
[MANOJ MISRA]
……………………………………………………J
[MANMOHAN]
NEW DELHI
OCTOBER 26, 2026
ITEM NO.13 COURT NO.8 SECTION II-E
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No. 17045/2026
[Arising out of impugned final judgment and order dated 10-07-2026 in CRLMA No. 12266/2026 passed by the High Court of Gujarat at Ahmedabad]
TOSHIF @ SONU YUNUSKHAN SHAIKH (PATHAN) Petitioner(s)
VERSUS
STATE OF GUJARAT Respondent(s)
IA No. 273187/2026 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 273189/2026 - EXEMPTION FROM FILING O.T.
Date : 26-10-2026 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MANOJ MISRA
HON'BLE MR. JUSTICE MANMOHAN
For Petitioner(s) Mr. Narendra Kumar Goyal, Adv. Mr. Mukesh Kumar Singh, Adv. Mr. K H Daya, Adv. Mr. Jeetendra Kumar, Adv. Ms. Komal Singh, Adv. Ms. Kajal Rani, Adv. Mr. Rahul Saini, Adv. Mr. Sabyasachi Dubey, Adv. Mr. Divyanshu Saraswat, Adv. M/S. Mukesh Kumar Singh And Co. - 2589, AOR For Respondent(s) Ms. Swati Ghildiyal- 3169, AOR Mr. Nimesh Bhatt, Adv.
UPON hearing the counsel the Court made the following ORDER: Leave granted. The appeal is allowed in terms of the signed order which is placed on the file. [The record then quotes the operative portion of the signed order, paragraphs 7 and 8 above.] Pending application(s), if any, shall stand disposed of.
Toshif @ Sonu Yunuskhan Shaikh (Pathan) v. State of Gujarat
The text below is reproduced from the judgment for reference. The article summarises the Court's decision; refer to the original judgment for the authoritative text.