High Court of Gujarat
MAHOBATSINH HANUBHAI SISODIYAversusSATATE OF GUJARAT
- Decided
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- NIRZAR S DESAI
Holding
The court held that, given the applicant's clean jail record and the financial assistance he offers, temporary bail may be granted on usual terms with a personal bond.
Summary
Mahobatsinh Hanubhai Sisodiya applied for temporary bail, waiving service of notice on behalf of the State and citing his ability to provide financial assistance. 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 no impediment, the court granted temporary bail for two weeks, subject to a personal bond of Rs.10,000 and the condition of reporting to the nearest police station on alternate days. The applicant must surrender to the jail authority at the end of the bail period.
Issues considered
- Whether the applicant is entitled to temporary bail despite the State's opposition.
- Whether a waiver of service of notice is permissible in a bail application.
- Whether the applicant's financial assistance and jail record justify the grant of temporary bail.
Subjects
- temporary bail
- criminal procedure
- waiver of notice
- bail bond
- Gujarat High Court
Judgment
R/CR.MA/12136/2026 ORDER DATED: 27/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 12136 of
2026
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MAHOBATSINH HANUBHAI SISODIYA
Versus
SATATE OF GUJARAT & ANR.
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Appearance:
MR ANIL H RATHOD(9691) for the Applicant(s) No. 1
MR. KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 27/05/2026
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 providing financial
assistance.
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 Two
Weeks from the date of his actual release on usual terms and
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R/CR.MA/12136/2026 ORDER DATED: 27/05/2026
conditions and on executing of personal bond of Rs.10,000/- (Rupees
Ten 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 on every alternate day during temporary bail period.
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)
SUYASH SRIVASTAVA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SUYASH KUMAR SRIVASTAVA(HC01570), PRIVATE SECRETARY, at High Court of Gujarat on 27/05/2026 13:51:45
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