High Court of Gujarat
SHAILESHBHAI @SHAYALO SHIVABHAI JAMBUCHAversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The court granted temporary bail for seven days on a personal bond of Rs.10,000 with conditions of police attendance.
Summary
The applicant, Shaileshbhai @Shayalo Shivabhai Jambucha, filed a criminal miscellaneous application seeking temporary bail to attend his sister's marriage. The State opposed the application, but the prosecutor waived service of notice. The court examined the seriousness of the alleged offence, the applicant's custody since 7 February 2024, and his good jail conduct, noting a prior release in April 2025 when he surrendered on time. Considering these factors and the humanitarian reason of attending a family wedding, the court decided to grant temporary bail. The bail was ordered for seven days, subject to a personal bond of Rs.10,000 and the requirement to appear before the police on the 2nd, 4th, and 6th days. The order was made absolute and direct service was permitted.
Issues considered
- Whether temporary bail should be granted to the accused for attending his sister's marriage, given the gravity of the offence and his jail record
Subjects
- temporary bail
- criminal procedure
- marriage attendance
- jail conduct
- personal bond
- Gujarat High Court
Judgment
R/CR.MA/1599/2026 ORDER DATED: 23/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 1599 of
2026
========================================================
SHAILESHBHAI @SHAYALO SHIVABHAI JAMBUCHA
Versus
STATE OF GUJARAT & ORS.
========================================================
Appearance:
MS SONALBEN C CHAVDA(12531) for the Applicant(s) No. 1
MR NIRAJ SHARMA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 23/01/2026
ORAL ORDER
1. Heard learned Advocate Ms. Sonalben Chavda on behalf of the
applicant and learned Additional Public Prosecutor Mr. Niraj Sharma on
behalf of respondent- State.
2. Rule. Learned Additional Public Prosecutor waives service of notice
of rule on behalf of the respondent.
3. By way of present application, the applicant has prayed to release him
on temporary bail on the ground of attending marriage ceremony of his real
sister.
4. This Court has considered gravity of the offence committed by the
applicant and also the jail record of the applicant. As per the record, the
applicant is in custody since 07.02.2024 and he has been released on one
occasion in the month of April 2025 on which occasion he had surrendered
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R/CR.MA/1599/2026 ORDER DATED: 23/01/2026
in time. The jail record shows that the jail conduct of the applicant is stated
to be good. Considering the above and the reason stated i.e. marriage of his
real sister, this Court is inclined to consider the application and the same is
accordingly allowed. The applicant is ordered to be released on temporary
bail for a period of seven days from date of his actual release on executing
a personal bond of Rs.10,000/-( Rupees Ten Thousand Only) to the
satisfaction of the concerned Jail Authority. During the period of temporary
bail, the applicant shall also mark his presence on the 2 nd, 4th and 6th day
with concerned Police Station.
5. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
NIRU
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/01/2026 11:07:35
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