MALDE GIGABHAI ODEDARAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court allowed the temporary bail application, granting seven days’ bail on a personal bond of Rs.10,000.
Summary
The applicant, Malde Gigabhai Odedara, filed a temporary bail application seeking release for self‑treatment and to perform the final rites of his mother‑in‑law. The Additional Public Prosecutor waived service of notice on behalf of the State. After hearing the applicant’s averments and considering the jail remarks, the Court exercised its discretion in his favour. The Court granted temporary bail for seven days, subject to a personal bond of Rs.10,000 and usual conditions, and ordered that the Section 268 CrPC notification remain in abeyance during this period. The applicant must surrender to the jail authority at the expiry of the bail period.
Issues considered
- Whether temporary bail can be granted for medical treatment and to perform final rites of a relative
- Whether the waiver of service of notice by the prosecution affects the grant of bail
- Whether the Court may exercise discretion under the CrPC to grant temporary bail in the circumstances
Legislation cited
Subjects
Judgment
R/CR.MA/15895/2026 ORDER DATED: 14/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 15895
of 2026
==========================================================
MALDE GIGABHAI ODEDARA
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS JAYSHREE C BHATT(170) 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 : 14/07/2026
ORAL ORDER
1. The present application has been filed by the
applicant seeking temporary bail for self treatment as well as
for final rites of mother-in-law.
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
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R/CR.MA/15895/2026 ORDER DATED: 14/07/2026
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
that the applicant shall surrender to the jail authority on
expiry of the temporary bail period forthwith. The notification
issued by the State under Section 268 of the Code of
Criminal Procedure, in case of the applicant, shall remain in
abeyance, during the aforesaid period of temporary bail.
5. Rule is made absolute accordingly. Direct service is
permitted.
(SANJEEV J.THAKER,J)
M.H. DAVE/3
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 14/07/2026 15:09:20
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