High Court of Gujarat

RAHUL @ ULLU GORDHANBHAI HADAversusSTATE OF GUJARAT

Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: UTKARSH THAKORBHAI DESAI

Holding

The High Court held that the applicant must first prefer a temporary bail application before the competent Sessions or Special Court.

Summary

Rahul @ Ullu Gordhanbhai Hada applied directly to the Gujarat High Court for temporary bail. The State, represented by the Additional Public Prosecutor, opposed the direct filing, arguing procedural impropriety. The Court examined whether a high court can entertain a temporary bail application without it first being presented before the appropriate Sessions or Special Court. Finding that the proper forum is the lower court, the Judge dismissed the application. The order directed the applicant to file a temporary bail petition before the competent Sessions or Special Court at the first instance if he wishes to seek bail.

Issues considered

Whether the High Court has jurisdiction to entertain a direct application for temporary bail in a criminal matter without prior filing in the Sessions or Special Court.

Subjects

temporary bailjurisdictionhigh courtcriminal proceduresessions court

Judgment

       R/CR.MA/25272/2025                                                      ORDER DATED: 11/02/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 25272
                              of 2025

  ==========================================================
                            RAHUL @ ULLU GORDHANBHAI HADA
                                         Versus
                               STATE OF GUJARAT & ANR.
  ==========================================================
  Appearance:
  THROUGH JAIL for the Applicant(s) No. 1
  MR ROHAN RAVAL, ADDL PUBLIC PROSECUTOR for the Respondent(s)
  No. 1
  ==========================================================

     CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
           DESAI

                                            Date : 11/02/2026

                                              ORAL ORDER


           Mr. Rohan Raval, learned APP appearing on behalf

  of respondent State submits that, the applicant has

  directly           approached                 the       High          Court           praying            for

  temporary bail. The matter is hereby disposed of with a

  direction to the jail authority that, the applicant be

  directed to prefer temporary bail application before the

  concerned competent Sessions and Special Court in the

  "rst instance, if he so wishes.


                                                          (UTKARSH THAKORBHAI DESAI, J)
  DIVYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 11/02/2026 17:33:10

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