BHARATBHAI MERUBHAI KATHIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court held that, given the applicant’s medical condition and his prior compliance with bail conditions, temporary bail should be granted.
Summary
The petitioner, Bharatbhai Merubhai Kathi, applied for temporary bail on the ground of needing medical treatment, submitting a medical certificate dated 09.06.2026. The Additional Public Prosecutor waived service of notice, and the State, through its counsel, acknowledged the petitioner’s prior compliance with bail conditions when previously released. The court considered the medical evidence, the applicant’s history of surrendering on time, and exercised its discretion in favor of the applicant. Consequently, the court granted temporary bail for 14 days, subject to a personal bond of Rs.10,000 and standard conditions, with a direction to surrender after the period expires. The order was made absolute, allowing direct service.
Issues considered
- Whether temporary bail should be granted on the ground of the applicant's medical condition
- Whether the applicant's prior compliance with bail conditions warrants the exercise of discretion in his favor
Subjects
Judgment
R/CR.MA/12550/2026 ORDER DATED: 12/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 12550
of 2026
==========================================================
BHARATBHAI MERUBHAI KATHI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR NIMESH M PATEL(6780) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 12/06/2026
ORAL ORDER
1. Present application has been filed by the applicant
seeking temporary bail on the ground of his own 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, and the
medical certificate that has been produced dated 09.06.2026,
and in view of the fact that learned Public Prosecutor
Mr.Hardik Dave with learned APP Mr.Ronak Raval for the
respondent State submitted that earlier when he was released
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R/CR.MA/12550/2026 ORDER DATED: 12/06/2026
on temporary bail, he had surrendered in time, 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 14 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 12/06/2026 15:43:30
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