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High Court of Gujarat

RASULBHAI NATHUBHAI DAFERversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court granted temporary bail for a period of two days on the condition of a personal bond of Rs.10,000.

Summary

The applicant, Rasulbhai Nathubhai D afer, filed a criminal miscellaneous application seeking temporary bail on the ground that his son’s engagement required his presence. The Additional Public Prosecutor waived service of notice of rule 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 ordered the applicant’s release on temporary bail for two days upon furnishing a personal bond of Rs.10,000 to the satisfaction of the jail authority. The order also directed the applicant to surrender to the jail authority at the expiry of the bail period.

Issues considered

  • Whether temporary bail can be granted on the ground of the applicant’s son’s engagement
  • Whether the waiver of service of notice of rule by the prosecutor affects the grant of bail
  • Whether the court’s discretion permits granting temporary bail under the circumstances

Subjects

temporary bailcriminal procedurecourt discretionwaiver of noticepersonal bond

Judgment

      R/CR.MA/15238/2026                                         ORDER DATED: 09/07/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 15238
                           of 2026

==========================================================
                           RASULBHAI NATHUBHAI DAFER
                                     Versus
                            STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS JAYSHREE C BHATT(170) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                   Date : 09/07/2026

                                     ORAL ORDER


1.       Present       application     has     been      filed    by     the    applicant

seeking temporary bail on the ground of engagement of his

son.



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.




                                        Page 1 of 2
                R/CR.MA/15238/2026                                                 ORDER DATED: 09/07/2026




          4.       The       application,           therefore,        succeeds         and       is     partly

          allowed. The applicant is ordered to be released on temporary

          bail for a period of two 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 09/07/2026 15:59:08




                                                        Page 2 of 2


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