SAHIL @ BITTU BABUBHAI MADHYBHAI PATANI (DATALAVALA)versusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion and granted temporary bail for seven days subject to a bond and specific conditions.
Summary
The applicant, Sahil @ Bittu Babuhai Madhyabhai Patani (Datalavala), filed a temporary bail application seeking release to perform the post‑death rituals of his maternal uncle. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court examined the applicant's averments, the specific ground of religious rites, and the jail remarks, and considered its discretion under criminal procedure law. Finding the ground sufficient, the Court exercised its discretion in favour of the applicant. It granted temporary bail for a period of seven days, subject to a personal bond of Rs.10,000 and conditions of surrender and periodic police station attendance. The order was communicated to the concerned jail authority for implementation.
Issues considered
- Whether temporary bail can be granted on the ground of the need to perform post‑death rituals of a relative
- Whether the discretion of the court permits granting bail despite the nature of the underlying offence
- What conditions may be imposed on temporary bail in such circumstances
Subjects
Judgment
R/CR.MA/13306/2026 ORDER DATED: 18/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 13306
of 2026
==========================================================
SAHIL @ BITTU BABUBHAI MADHYBHAI PATANI (DATALAVALA)
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
MR. ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 18/06/2026
ORAL ORDER
1. Present application has been filed by the applicant
through his representative, who appears in person, seeking
temporary bail on the ground of the post death rituals of the
maternal uncle.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule on behalf of the respondent – State.
3. 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.
4. The application, therefore, succeeds and is partly
allowed. The applicant is ordered to be released on temporary
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R/CR.MA/13306/2026 ORDER DATED: 18/06/2026
bail for a period of 07 days from the date of his/her 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. The applicant
shall mark his presence before the nearest Police Station
every third and fifth day of the week. Rule is made
absolute accordingly.
4.1 Registry to communicate this order to the concerned jail
authority, forthwith.
(SANJEEV J.THAKER,J)
ADITYA SINGH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 18/06/2026 18:58:02
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