High Court of Gujarat
MUSTAK ABBAS PATELversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court granted temporary bail for one week on a personal bond of Rs.10,000.
Summary
The applicant, Mustak Abbas Patel, filed a temporary bail application claiming the need to arrange funds for his children's school fees. The Additional Public Prosecutor waived service of notice on behalf of the State. The court, after hearing the applicant's averments and considering the jail remarks, exercised its discretion in favor of the applicant. It granted temporary bail for a period of one week, subject to a personal bond of Rs.10,000 and usual bail conditions. The applicant was directed to surrender to the jail authority at the expiry of the bail period.
Issues considered
- Whether temporary bail should be granted on humanitarian grounds of arranging school fees for the applicant's children
- Whether the court may exercise discretion to grant bail despite the prosecution's waiver of notice
Subjects
temporary bailcriminal procedurebail discretionhumanitarian groundsschool fees
Judgment
R/CR.MA/13054/2026 ORDER DATED: 17/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 13054
of 2026
==========================================================
MUSTAK ABBAS PATEL
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR S. R. ZANZARUKIYA(11482) for the Applicant(s) No. 1
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 17/06/2026
ORAL ORDER
1. Present application has been filed by the applicant
seeking temporary bail on the ground of arranging for funds
to pay the school fees of children.
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/13054/2026 ORDER DATED: 17/06/2026
allowed. The applicant is ordered to be released on temporary
bail for a period of one week 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)
SRILATHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/06/2026 14:39:56
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