KISHOR SHANTILAL PATELversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion to grant temporary bail for one week on medical grounds, subject to a personal bond and compliance with stipulated conditions.
Summary
The petitioner, Kishor Shantilal Patel, filed a temporary bail application seeking release to arrange medical treatment for his wife. The Additional Public Prosecutor waived service of notice on behalf of the State. After hearing the applicant's grounds and considering the jail remarks, the court exercised its discretion in favor of the petitioner. The court granted temporary bail for one week, conditioned upon a personal bond of Rs.10,000 and compliance with usual bail terms. The petitioner must appear before the nearest police station on the third and fifth days of bail and surrender to the jail authority at the end of the period.
Issues considered
- Whether temporary bail can be granted on the ground of medical treatment of the applicant's wife
- Whether the court may exercise its discretion to grant bail despite the prosecution's waiver of notice
Subjects
Judgment
R/CR.MA/13127/2026 ORDER DATED: 17/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 13127
of 2026
==========================================================
KISHOR SHANTILAL PATEL
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR MATAFER R PANDE(3952) 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 medical treatment of
his wife.
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/13127/2026 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 The applicant shall mark presence before the nearest
police station on the third and fifth day of the temporary
bail period.
4.2 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 14:39:28
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