High Court of Gujarat
SHAKTIBHAI KALUBHAI @ BHIKHABHAI VANANIversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court allowed the application and granted temporary bail for seven days upon a personal bond of Rs.10,000.
Summary
The applicant, Shaktibhai Kalubhai @ Bhikhabhai Vanani, filed a criminal miscellaneous application seeking temporary bail to appear for an examination. The Additional Public Prosecutor waived service of notice on behalf of the State. After hearing the applicant's grounds and considering the jail remarks, the court exercised its discretion in favor of the applicant. The court granted temporary bail for a period of seven days, subject to a personal bond of Rs.10,000 and usual conditions, with a direction to surrender to the jail authority after the bail period expires. The order was made absolute and direct service was permitted.
Issues considered
- Whether temporary bail should be granted to the accused for the purpose of appearing in an examination
- Whether the waiver of service of notice by the prosecution affects the court's discretion to grant bail
Subjects
- temporary bail
- criminal procedure
- bail
- waiver of notice
- examination
- personal bond
Judgment
R/CR.MA/16583/2026 ORDER DATED: 29/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 16583
of 2026
==========================================================
SHAKTIBHAI KALUBHAI @ BHIKHABHAI VANANI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 29/07/2026
ORAL ORDER
1. The present application has been filed by the
applicant seeking temporary bail to appear in the
examination.
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/16583/2026 ORDER DATED: 29/07/2026
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.
5. Rule is made absolute accordingly. Direct service is
permitted.
(SANJEEV J.THAKER,J)
M.H. DAVE/18
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 29/07/2026 16:49:47
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