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High Court of Gujarat

INDRAJITSINH @ MUNNABHAI S/O MAHIPATSINH AJITSINH VAGHELAversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion to grant temporary bail for seven days on medical grounds, subject to a personal bond and compliance with prescribed conditions.

Summary

The petitioner, Indrajitsinh @ Munnabhai Vaghela, filed a criminal miscellaneous application seeking temporary bail on the ground of his need for medical treatment. 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 favor of the applicant. The court ordered the release of the applicant on temporary bail for seven days upon furnishing a personal bond of Rs.10,000, with conditions to appear before the nearest police station on the 3rd and 5th days and to surrender to the jail authority at the end of the period. The order was made absolute and direct service was permitted.

Issues considered

  • Whether temporary bail can be granted on the ground of the applicant's medical treatment
  • Whether the court should exercise its discretion to grant bail despite the prosecution's waiver of notice

Subjects

temporary bailmedical groundsdiscretioncriminal procedurebail conditionsGujarat

Judgment

      R/CR.MA/16822/2026                                         ORDER DATED: 23/07/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 16822
                           of 2026

==========================================================
 INDRAJITSINH @ MUNNABHAI S/O MAHIPATSINH AJITSINH VAGHELA
                           Versus
                    STATE OF GUJARAT
==========================================================
Appearance:
MR BHAVIK V BHATT(11508) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                    Date : 23/07/2026

                                     ORAL ORDER


1.       Present       application     has      been     filed    by     the       applicant

seeking temporary bail on the ground of his own medical

treatment.



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     partly



                                        Page 1 of 2
         R/CR.MA/16822/2026                                                                   ORDER DATED: 23/07/2026




  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 and with a

  further           condition             that         the applicant                   shall         mark presence
  before the nearest police station on 3rd and 5th day of the
  temporary bail period and with a further direction that the
  applicant shall surrender to the jail authority on expiry of

  the temporary bail period forthwith.



  4.1         Rule is made absolute accordingly.                                                 Direct service is

  permitted.



                                                                                         (SANJEEV J.THAKER,J)
  SRILATHA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/07/2026 16:35:57




                                                            Page 2 of 2


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