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High Court of Gujarat

SAHIL @ BITTU BABUBHAI MADHYBHAI PATANI (DATALAVALA)versusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court exercised its discretion and granted temporary bail for seven days subject to a bond and specific conditions.

Summary

The applicant, Sahil @ Bittu Babuhai Madhyabhai Patani (Datalavala), filed a temporary bail application seeking release to perform the post‑death rituals of his maternal uncle. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court examined the applicant's averments, the specific ground of religious rites, and the jail remarks, and considered its discretion under criminal procedure law. Finding the ground sufficient, the Court exercised its discretion in favour of the applicant. It granted temporary bail for a period of seven days, subject to a personal bond of Rs.10,000 and conditions of surrender and periodic police station attendance. The order was communicated to the concerned jail authority for implementation.

Issues considered

  • Whether temporary bail can be granted on the ground of the need to perform post‑death rituals of a relative
  • Whether the discretion of the court permits granting bail despite the nature of the underlying offence
  • What conditions may be imposed on temporary bail in such circumstances

Subjects

temporary bailcriminal procedurediscretionpost‑death ritualsbail conditionsGujarat High Court

Judgment

      R/CR.MA/13306/2026                                        ORDER DATED: 18/06/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 13306
                           of 2026

==========================================================
       SAHIL @ BITTU BABUBHAI MADHYBHAI PATANI (DATALAVALA)
                               Versus
                      STATE OF GUJARAT & ANR.
==========================================================
Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
MR. ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                  Date : 18/06/2026

                                     ORAL ORDER


1.       Present       application     has    been      filed    by    the    applicant

through his representative, who appears in person, seeking

temporary bail on the ground of the post death rituals of the

maternal uncle.

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

allowed. The applicant is ordered to be released on temporary



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         R/CR.MA/13306/2026                                                    ORDER DATED: 18/06/2026




   bail for a period of 07 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. The applicant

   shall mark his presence before the nearest Police Station

   every third and fifth day of the week.                                             Rule is made

   absolute accordingly.


   4.1      Registry to communicate this order to the concerned jail

   authority, forthwith.




                                                                            (SANJEEV J.THAKER,J)
   ADITYA SINGH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 18/06/2026 18:58:02




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