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High Court of Gujarat

HARESH @ MITHIYO MAHESHBHAI DHARSIBHAI VAGHELAversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court granted temporary bail for seven days on a personal bond of Rs.10,000.

Summary

The applicant, Haresha @ Mithiyo Maheshbhai Dharsibhai Vaghela, filed a temporary bail application claiming the need to provide financial assistance to his family. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court examined the applicant's averments and jail remarks, and exercised its discretion in his favor. It 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 after the bail period expires. The order was made absolute and direct service was permitted.

Issues considered

  • Whether the applicant is entitled to temporary bail on the ground of financial assistance to his family
  • Whether the Court can exercise discretion to grant temporary bail despite the waiver of notice by the prosecution

Subjects

temporary bailcriminal procedurediscretionpersonal bondbail conditions

Judgment

      R/CR.MA/19133/2026                                         ORDER DATED: 18/08/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 19133
                           of 2026
================================================================
         HARESH @ MITHIYO MAHESHBHAI DHARSIBHAI VAGHELA
                              Versus
                     STATE OF GUJARAT & ORS.
================================================================
Appearance:
M S.HARSHADA N PATIL(9985) for the Applicant(s) No. 1
MR. JIGAR A PATEL(9984) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
================================================================
 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                    Date : 18/08/2026
                                     ORAL ORDER

1.       Present       application     has      been     filed    by     the       applicant

seeking temporary bail on the ground of providing financial

assistance to his family.



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

allowed. The applicant is ordered to be released on temporary

bail for a period of 7 (seven) days from the date of his

actual release on furnishing a personal bond of Rs.10,000/-


                                        Page 1 of 2
      R/CR.MA/19133/2026                                                 ORDER DATED: 18/08/2026




(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)




Manoj Kumar Rai




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 18/08/2026 17:04:45




                                              Page 2 of 2


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