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High Court of Gujarat

INDRAJITSINH MAHIPATSINH VAGHELAversusSTATE OF GUJARAT

Decided
Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The Court granted temporary bail to the accused for a period of seven days with specified bond and reporting conditions.

Summary

The accused, Indrajitsinh Mahipatsinh Vaghela, filed a temporary bail application on the ground of his own medical treatment, waiving service of notice on behalf of the State. The Additional Public Prosecutor opposed the application. The Court examined the facts, the applicant's jail record, and the reasons stated in the application. Finding merit, the Court granted temporary bail for seven days, subject to a personal bond of Rs.10,000 and two sureties of Rs.25,000 each, and imposed conditions of reporting to the nearest police station twice weekly. The order also stipulated that no further extension of the temporary bail would be permitted and directed immediate communication to the jail authority.

Issues considered

  • Whether the applicant is entitled to temporary bail on the ground of his own medical treatment despite opposition from the State.
  • Whether service of notice can be waived by the applicant on behalf of the respondent.

Subjects

  • temporary bail
  • criminal procedure
  • bail conditions
  • Gujarat High Court
  • medical treatment

Judgment

     R/CR.MA/11843/2026                           ORDER DATED: 20/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 11843
                           of 2026

================================================================
                     INDRAJITSINH MAHIPATSINH VAGHELA
                                   Versus
                          STATE OF GUJARAT & ANR.
================================================================
Appearance:
MR.HITENDRA D RAJPUT(7224) for the Applicant(s) No. 1
MS DIVYANGANA JHALA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
================================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 20/05/2026

                               ORAL ORDER

1.      Rule. Learned APP waives service of notice for and on behalf
        of the respondent – State.


2.      By way of the present application, the applicant has prayed to
        release him on temporary bail on the ground of his own
        treatment.


3.      Learned Additional Public Prosecutor for the respondent has
        opposed this application.


4.      Considering the aforesaid facts and circumstances of the case
        and reasons stated in the application as well as looking to the
        jail record of the applicant, I am of the opinion that the
        present application requires consideration and the same is
        allowed. The applicant shall be released on temporary bail for
        a period of seven days from the date of his actual release on
        usual terms and conditions and on executing of personal bond
        of Rs.10,000/- (Rupees Ten Thousand) with two sureties


                                  Page 1 of 2
        R/CR.MA/11843/2026                                                        ORDER DATED: 20/05/2026




           of Rs.25,000/- (Rupees Twenty Five Thousand) to the
           satisfaction of the concerned Jail authority. The applicant
           shall surrender before the Jail Authority on completion of
           temporary bail period, without fail.


5.         The applicant – accused shall mark presence before the
           nearest Police Station twice in a week during temporary bail
           period. It is clarified that no further extension shall be
           granted.


6.         Rule is made absolute to the aforesaid extent. Registry is
           directed to communicate this order to the concerned Jail
           Authority by fax / email message forthwith. Direct service is
           permitted.


                                                                                    (NIRZAR S. DESAI,J)

Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 20/05/2026 11:54:38


                                                    Page 2 of 2


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