High Court of Gujarat

DILIPBHAI @DAYO S/O BHAGVANBHAI DULERA THRO DULERA VIMLABEN DILIPBHAIversusSTATE OF GUJARAT

Disposal: 28-REJECTED @ ADM.STAGE
Bench: P M RAVAL

Holding

The High Court dismissed the temporary bail application, holding that the applicant must first seek bail before the concerned trial court.

Summary

The applicant, Dilipbhai, approached the Gujarat High Court directly for temporary bail on the ground that his 16‑year‑old son required medical treatment. No prior application for bail had been filed in the trial court where the criminal case is pending. The High Court noted that the applicant had not complied with the procedural requirement of first seeking bail before the trial court. Consequently, the court dismissed the application, directing the applicant to file a bail application in the appropriate trial court. The merits of the underlying criminal case were not examined.

Issues considered

Whether the High Court can entertain a temporary bail application filed directly without a prior application in the trial court.

Subjects

temporary bailprocedural requirementjurisdictionhigh courtcriminal procedure

Judgment

           R/CR.MA/9113/2026                                                                     ORDER DATED: 20/04/2026




                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 9113 of
                                2026

   ==========================================================
            DILIPBHAI @DAYO S/O BHAGVANBHAI DULERA THRO DULERA
                              VIMLABEN DILIPBHAI
                                    Versus
                          STATE OF GUJARAT & ANR.
   ==========================================================
   Appearance:
   PARTY IN PERSON(5000) for the Applicant(s) No. 1
   KRUTIK PARIKH APP for the Respondent(s) No. 1
   ==========================================================

      CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                                       Date : 20/04/2026

                                                          ORAL ORDER


   1.          It transpires that the Applicant has directly approached
   this Court for temporary bail on the ground of medical
   treatment of his son aged about 16 years without preferring
   application before the concerned Trial Court.
   2.          In view of the above, captioned application stands
   disposed of with a liberty that the Applicant shall prefer an
   application for temporary bail before the concerned Trial Court.
   The Court has not gone into the merits of the case.



                                                                                                            (P. M. RAVAL, J)
   MMP




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/04/2026
17:38:57




                                                               Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "temporary bail"Sign in to search