High Court of Gujarat
HASMUKH @ MUNNO MITHABHAI VANALIYAversusSTATE OF GUJARAT
- Decided
- Disposal
- 44-PARTLY ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The court granted temporary bail for five days on a personal bond of Rs.10,000 with specified conditions.
Summary
The applicant, Hasumkh @ Munno Mithabhai Vanaliya, filed a criminal miscellaneous application seeking temporary bail to provide financial assistance to his family. He has been in custody since 20 January 2023 in connection with FIR No. 11190002230083/2023 registered at Botad Police Station and has previously been released on temporary bail three times, surrendering each time as required. The Additional Public Prosecutor waived service of rule, allowing the court to consider the application. The court, taking into account the length of incarceration and the applicant's stated need, ordered his release on temporary bail for five days upon execution of a personal bond of Rs.10,000, with conditions to appear before the police on the 2nd and 4th days and to surrender to the jail authority at the end of the period. The order was communicated to the jail authority for implementation.
Issues considered
- Whether the applicant is entitled to temporary bail for a period of five days despite being in custody since 20 January 2023.
Subjects
- temporary bail
- criminal procedure
- personal bond
- surrender
- police appearance
- custody
Judgment
R/CR.MA/127/2026 ORDER DATED: 08/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 127 of
2026
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HASUMKH @ MUNNO MITHABHAI VANALIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR JAY MEHTA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/01/2026
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor Mr. Jay Mehta waives
service of rule on behalf of the respondent-State.
2. By way of this application the applicant prays for being released on
temporary bail for the purpose of providing financial help to his family.
3. It appears that the present applicant is arraigned as an accused in
connection with an FIR bearing C.R. No. 11190002230083/2023 registered
with Botad Police Station.
4. It appears from the jail remarks that the applicant is in custody since
20.01.2023 and had been released thrice on temporary bail hereinbefore and
on all occasions, he had surrendered in time.
5. Considering the period of incarceration and having regard to the
reason stated in the application, this Court is inclined to consider this
application. Hence, the applicant is directed to be released on temporary bail
for a period of 5 Days (Five Days) from the date of his actual release on
executing personal bond of Rs.10,000/- (Rupees Ten Thousand) before the
Jail authority and on usual terms and conditions as may be imposed by the
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R/CR.MA/127/2026 ORDER DATED: 08/01/2026
Jail Authority.
5.1. The applicant to mark his presence on the 2 nd and 4th day of his
release before the concerned police station.
6. The applicant shall surrender before Jail Authority on completion of
temporary bail, without fail. Rule is made absolute to the aforesaid extent.
7. Registry is directed to communicate this order to the concerned jail
authority by fax/email forthwith.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: YAGNESH NARENDRABHAI VYAS(HC00207), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/01/2026 12:24:50
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