NIRUPAM @ BHURO @ MUNNABHAI JAMNADAS KANSAGARAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
Temporary bail was granted on humanitarian grounds, with a seven‑day period and a personal bond, after the prosecutor waived notice.
Summary
The applicant, Nirupam Jamnadas Kansagara, filed a temporary bail application after his mother died, seeking release to perform post‑death rituals. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court examined the humanitarian ground and the jail remarks, and exercised its discretion in favor of the applicant. It granted temporary bail for seven days, subject to a personal bond of Rs.10,000 and usual conditions, with a direction to surrender after the period. The order was made absolute and direct service was permitted.
Issues considered
- Whether temporary bail can be granted on the ground of a death in the applicant's family
- Whether the court may waive service of notice in such applications
Subjects
Judgment
R/CR.MA/17267/2026 ORDER DATED: 27/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 17267
of 2026
==========================================================
NIRUPAM @ BHURO @ MUNNABHAI JAMNADAS KANSAGARA
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS.AKSHITABA SOLANKI(6782) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 27/07/2026
ORAL ORDER
1. Present application has been filed by the applicant
seeking temporary bail on the ground that the applicant’s
mother had expired on 17.07.2026 and for performing post
death rituals of his mother his presence is required.
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/17267/2026 ORDER DATED: 27/07/2026
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.
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 27/07/2026 16:16:45
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