RUSHIKESH GANPATISWAIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court held that the applicant is entitled to temporary bail for a period of seven days upon furnishing a personal bond of Rs 10,000 with the stipulated conditions.
Summary
The applicant, Rushikesh Ganpatiswai, filed a temporary bail application seeking release to provide financial assistance to his wife. The Additional Public Prosecutor waived service of notice of rule on behalf of the State. The Court examined the applicant’s averments, the grounds cited, and the jail’s remarks, and exercised its discretion in favour of the applicant. It granted temporary bail for seven days, subject to a personal bond of Rs 10,000 and conditions to appear before the nearest police station on the 3rd and 5th day, not to leave Gujarat, and to surrender to jail at the end of the period. The order was made absolute and direct service was permitted.
Issues considered
- Whether the applicant is entitled to temporary bail pending trial
- Whether the waiver of service of notice by the Additional Public Prosecutor is permissible
Subjects
Judgment
R/CR.MA/14810/2026 ORDER DATED: 15/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 14810
of 2026
==========================================================
RUSHIKESH GANPATISWAI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS MOUSAMI K VALA(6923) for the Applicant(s) No. 1
MS ASMITA V PATEL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 15/07/2026
ORAL ORDER
1. The present application has been filed by the
applicant seeking temporary bail to provide financial assistant
to the 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 allowed
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R/CR.MA/14810/2026 ORDER DATED: 15/07/2026
in part. The applicant is ordered to be released on temporary
bail for a period of seven days from the date of his actual
release on his 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
rd
to mark his presence before the nearest police station on 3
th
and 5 day of his release; and also that the applicant shall
not leave the State of Gujarat, and with a further direction
that the applicant shall surrender to the jail authority on
expiry of the temporary bail period forthwith.
5. Rule is made absolute accordingly. Direct service is
permitted.
(SANJEEV J.THAKER,J)
M.H. DAVE/27
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 15/07/2026 14:45:40
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