MUKESHBHAI NARSHIBHAI MAMAIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court held that, given the applicant's wife's medical condition and the prosecution's waiver of notice, discretion may be exercised to grant temporary bail.
Summary
MUKESHBHAI NARSHIBAI MAMAIYA applied for temporary bail, citing his wife's medical treatment as a ground. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court, after hearing the application and considering jail remarks, 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 the condition that the applicant surrender to the jail authority at the end of the period. The order was made absolute and direct service of notice was permitted.
Issues considered
- Whether temporary bail should be granted on the ground of the applicant's wife's medical treatment
- Whether the waiver of service of notice by the prosecution affects the court's discretion to grant bail
Subjects
Judgment
R/CR.MA/19301/2026(GJHC240622472026) ORDER DATED: 20/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 19301
of 2026
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MUKESHBHAI NARSHIBHAI MAMAIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
MR VINAY VISHEN, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 20/08/2026
ORAL ORDER
1. Present application has been filed by the applicant
seeking temporary bail on the ground that the applicant’s
wife is under the 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
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R/CR.MA/19301/2026(GJHC240622472026) ORDER DATED: 20/08/2026
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, 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 20/08/2026 17:12:18
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