MAHESH MADHUBHAI ZANZMERAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court allowed temporary bail for a period of seven days subject to a personal bond and conditions of police appearance and surrender.
Summary
Mahesh Madhubhai Zanzmera applied for temporary bail on the ground that his children required admission. The court considered the applicant's averments, the jail remarks, and the discretion vested in it under criminal procedure. The Additional Public Prosecutor waived service of notice on behalf of the State. The court exercised its discretion in favour of the applicant and granted temporary bail for seven days upon furnishing a personal bond of Rs.10,000 and complying with usual conditions. The applicant was directed to appear before the nearest police station on the 3rd and 5th days of release and to surrender to the jail authority at the end of the bail period.
Issues considered
- Whether temporary bail can be granted on the ground of children's admission
- Whether the court may exercise discretion to grant temporary bail in the present circumstances
Subjects
Judgment
R/CR.MA/13193/2026 ORDER DATED: 17/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 13193 of
2026
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MAHESH MADHUBHAI ZANZMERA
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR MATAFER R PANDE(3952) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 17/06/2026
ORAL ORDER
1. Learned advocate Mr. Smit K. Pandya submits that he has
instructions to appear for the original complainant. He is
permitted to file vakalatnama in the Registry. Registry to accept
the same.
2. Present application has been filed by the applicant seeking
temporary bail on the ground of children admission.
3. Rule. Learned Additional Public Prosecutor waives service
of notice of rule on behalf of the respondent – State.
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R/CR.MA/13193/2026 ORDER DATED: 17/06/2026
4. Having heard and considering the averments made in the
application, more particularly, the ground mentioned therein, as
well as considering the jail remarks, this Court is inclined to
exercise discretion in favour of the present applicant.
5. The application, therefore, succeeds and is partly allowed.
The applicant is ordered to be released on temporary bail for a
period of seven days from the date of his actual release on
furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand)
to the satisfaction of the concerned jail authority on usual terms
and conditions, with a direction that the applicant shall surrender
to the jail authority on expiry of the temporary bail period
forthwith.
5.1 The applicant shall mark presence before the nearest police
station on 3rd and 5th day of his release period.
5.2 Rule is made absolute accordingly. Direct service is
permitted.
(SANJEEV J.THAKER,J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 17/06/2026 17:49:21
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