RASULBHAI NATHUBHAI DAFERversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court granted temporary bail for a period of two days on the condition of a personal bond of Rs.10,000.
Summary
The applicant, Rasulbhai Nathubhai D afer, filed a criminal miscellaneous application seeking temporary bail on the ground that his son’s engagement required his presence. The Additional Public Prosecutor waived service of notice of rule on behalf of the State. The Court, after hearing the applicant’s averments and considering the jail remarks, exercised its discretion in favor of the applicant. It ordered the applicant’s release on temporary bail for two days upon furnishing a personal bond of Rs.10,000 to the satisfaction of the jail authority. The order also directed the applicant to surrender to the jail authority at the expiry of the bail period.
Issues considered
- Whether temporary bail can be granted on the ground of the applicant’s son’s engagement
- Whether the waiver of service of notice of rule by the prosecutor affects the grant of bail
- Whether the court’s discretion permits granting temporary bail under the circumstances
Subjects
Judgment
R/CR.MA/15238/2026 ORDER DATED: 09/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 15238
of 2026
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RASULBHAI NATHUBHAI DAFER
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS JAYSHREE C BHATT(170) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 09/07/2026
ORAL ORDER
1. Present application has been filed by the applicant
seeking temporary bail on the ground of engagement of his
son.
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.
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R/CR.MA/15238/2026 ORDER DATED: 09/07/2026
4. The application, therefore, succeeds and is partly
allowed. The applicant is ordered to be released on temporary
bail for a period of two 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.
4.1 Rule is made absolute accordingly. Direct service is
permitted.
(SANJEEV J.THAKER,J)
URIL RANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 09/07/2026 15:59:08
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