RAMESH @ SUNNY LAXMANBHAI DESAIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
Temporary bail was granted because the applicant’s serious medical condition justified the exercise of judicial discretion.
Summary
The petitioner, Ramesh @ Sunny Laxmanbhai Desai, filed a temporary bail application in the Gujarat High Court seeking release to undergo cancer treatment. The Additional Public Prosecutor waived service of notice on behalf of the State. The court examined the applicant’s medical certificate from the Patan Sub-Jail indicating the need for chemotherapy and considered the jail remarks. Finding that the medical condition warranted discretion, the court exercised its power to grant temporary bail. The bail was ordered for two days upon furnishing a personal bond of Rs.10,000, with police escort and a condition to surrender after the period.
Issues considered
- Whether temporary bail can be granted to an accused on the ground of serious medical illness requiring immediate treatment
Subjects
Judgment
R/CR.MA/15471/2026 ORDER DATED: 15/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 15471
of 2026
==========================================================
RAMESH @ SUNNY LAXMANBHAI DESAI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR KAUSHIK H BAROT(12920) for the Applicant(s) No. 1
MR JIGAR L PATEL(11596) for the Respondent(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 for his treatment of cancer.
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, more
particularly the medical certificate of the Medical Officer,
Patan Sub-Jail dated 12.07.2026 which indicates that the
applicant advised for chemotherapy, this Court is inclined to
exercise discretion in favour of the present applicant.
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R/CR.MA/15471/2026 ORDER DATED: 15/07/2026
4. The application, therefore, succeeds and is allowed
in part. The applicant is ordered to be released on temporary
bail for a period of two 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 police
escort at the cost of the applicant and with a 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/30
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 14:44:35
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