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High Court of Gujarat

RUSHIKESH GANPATISWAIversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court held that the applicant is entitled to temporary bail for a period of seven days upon furnishing a personal bond of Rs 10,000 with the stipulated conditions.

Summary

The applicant, Rushikesh Ganpatiswai, filed a temporary bail application seeking release to provide financial assistance to his wife. The Additional Public Prosecutor waived service of notice of rule on behalf of the State. The Court examined the applicant’s averments, the grounds cited, and the jail’s remarks, and exercised its discretion in favour of the applicant. It granted temporary bail for seven days, subject to a personal bond of Rs 10,000 and conditions to appear before the nearest police station on the 3rd and 5th day, not to leave Gujarat, and to surrender to jail at the end of the period. The order was made absolute and direct service was permitted.

Issues considered

  • Whether the applicant is entitled to temporary bail pending trial
  • Whether the waiver of service of notice by the Additional Public Prosecutor is permissible

Subjects

temporary baildiscretionwaiver of noticecriminal procedurebail conditionsGujarat

Judgment

     R/CR.MA/14810/2026                                      ORDER DATED: 15/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 14810
                           of 2026

==========================================================
                            RUSHIKESH GANPATISWAI
                                     Versus
                            STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS MOUSAMI K VALA(6923) for the Applicant(s) No. 1
MS ASMITA V PATEL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                    Date : 15/07/2026

                                     ORAL ORDER


1.              The       present    application       has   been    filed    by       the

applicant seeking temporary bail to provide financial assistant

to the wife.



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 allowed



                                        Page 1 of 2
        R/CR.MA/14810/2026                                                                ORDER DATED: 15/07/2026




 in part. The applicant is ordered to be released on temporary

 bail for a period of seven days from the date of his actual

 release          on       his      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
                                                                                                                             rd
 to mark his presence before the nearest police station on 3
             th
 and 5            day of his release; and also that the applicant shall

 not leave the State of Gujarat, and with a further direction

 that the applicant shall surrender to the jail authority on

 expiry of the temporary bail period forthwith.



 5.                    Rule is made absolute accordingly. Direct service is

 permitted.


                                                                                      (SANJEEV J.THAKER,J)
 M.H. DAVE/27

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 15/07/2026 14:45:40




                                                         Page 2 of 2


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