SANJAYBHAI KISHANJI BHILversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion to grant temporary bail for seven days on a personal bond of Rs.10,000.
Summary
The petitioner, Sanjaybhai Kishanji Bhil, filed a criminal miscellaneous application for temporary bail on the ground of financial assistance while in jail. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court examined the applicant's claim and the jail's remarks, and exercised its discretion in favour of the applicant. It ordered the release of the petitioner on temporary bail for seven days, subject to a personal bond of Rs.10,000 and usual conditions. The order also directed the petitioner to surrender to the jail authority at the expiry of the bail period and to mark his presence at the nearest police station on the 3rd and 5th days of the bail.
Issues considered
- What is the appropriate exercise of judicial discretion in granting temporary bail on the ground of financial assistance?
- Whether the waiver of service of notice by the Additional Public Prosecutor affects the grant of temporary bail?
Subjects
Judgment
R/CR.MA/16416/2026 ORDER DATED: 20/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 16416
of 2026
==========================================================
SANJAYBHAI KISHANJI BHIL
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS KRINA CALLA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 20/07/2026
ORAL ORDER
1. This application, through jail, is filed by the applicant
seeking temporary bail on the ground of financial assistance.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule on behalf of the respondent – State.
3. Considering application, more particularly, the ground
mentioned therein as well as the jail remarks, this Court is
inclined to exercise discretion in favour of the present
applicant.
4. The application, therefore, succeeds and is patly 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
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R/CR.MA/16416/2026 ORDER DATED: 20/07/2026
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. Rule is made absolute
accordingly.
4.1 Registry to communicate this order to the concerned jail
authority, forthwith.
4.2 The applicant shall mark presence before the nearest
rd th
police station on 3 and 5 day of his temporary bail period.
(SANJEEV J.THAKER,J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/07/2026 17:02:35
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