DILIPBHAI BHARATBHAI RATHODversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
Temporary bail was granted on the basis of the applicant's serious medical condition and the need for a second opinion.
Summary
The petitioner, Dilipbhai Bharatbhai Rathod, filed a criminal miscellaneous application seeking temporary bail on the ground that he is suffering from cancer and wishes to obtain a second medical opinion. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court examined the applicant's medical condition, the need for a second opinion, and the jail remarks, and exercised its discretion in favour of the applicant. It ordered the release of the applicant on temporary bail for two days, subject to a police escort and a personal bond of Rs.10,000. The bail is to be granted on the usual terms and conditions, with the applicant required to surrender to the jail authority at the expiry of the period. The order also made the rule absolute and permitted direct service.
Issues considered
- Whether temporary bail can be granted on medical grounds, specifically for a cancer patient seeking a second medical opinion
Subjects
Judgment
R/CR.MA/17641/2026 ORDER DATED: 03/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 17641
of 2026
==========================================================
DILIPBHAI BHARATBHAI RATHOD
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR.ALOK M THAKKAR(6510) for the Applicant(s) No. 1
MR. RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 03/08/2026
ORAL ORDER
1. Present application has been filed by the applicant
seeking temporary bail on the ground of seeking medical
opinion.
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, and in view
of the fact that the present applicant is suffering from cancer
and intends seek a second opinion, this Court is inclined to
exercise discretion in favour of the present applicant.
4. The application, therefore, succeeds and is partly
allowed. The applicant is ordered to be released on temporary
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R/CR.MA/17641/2026 ORDER DATED: 03/08/2026
bail for a period of two days with the police escort, with the
cost to be borne by the State 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)
ADITYA SINGH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 03/08/2026 16:19:14
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