MALDE GIGABHAI ODEDARAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court held that temporary bail should be granted for seven days on a personal bond, with the Section 268 CrPC notification held in abeyance.
Summary
The applicant, Malde Gigabhai Odedara, filed a temporary bail application citing the need 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. The Court examined the applicant’s grounds 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 the condition that the applicant surrender after the bail period. The Court also ordered that the Section 268 CrPC notification against the applicant remain in abeyance during the bail period.
Issues considered
- Whether temporary bail can be granted on the grounds of self‑treatment and the need to perform final rites
- Whether the Section 268 CrPC notification can be suspended during temporary bail
- Whether the court’s discretion permits granting bail despite the prosecution’s waiver of notice
Legislation cited
Subjects
Judgment
R/CR.MA/16136/2026 ORDER DATED: 16/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 16136
of 2026
==========================================================
MALDE GIGABHAI ODEDARA
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS JAYSHREE C BHATT(170) for the Applicant(s) No. 1
MR ROHAN A SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 16/07/2026
ORAL ORDER
1. Present application has been filed by the applicant
seeking temporary bail on the ground of self treatment as
well as 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.
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R/CR.MA/16136/2026 ORDER DATED: 16/07/2026
4. The application, therefore, succeeds and is partly
allowed. The applicant is ordered to be released on temporary
bail for a period of seven 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. 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.
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 16/07/2026 16:54:54
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