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High Court of Gujarat

MALDE GIGABHAI ODEDARAversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court held that temporary bail should be granted for seven days on a personal bond, with the Section 268 CrPC notification held in abeyance.

Summary

The applicant, Malde Gigabhai Odedara, filed a temporary bail application citing the need for self‑treatment and to perform the final rites of his mother‑in‑law. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court examined the applicant’s grounds 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 the condition that the applicant surrender after the bail period. The Court also ordered that the Section 268 CrPC notification against the applicant remain in abeyance during the bail period.

Issues considered

  • Whether temporary bail can be granted on the grounds of self‑treatment and the need to perform final rites
  • Whether the Section 268 CrPC notification can be suspended during temporary bail
  • Whether the court’s discretion permits granting bail despite the prosecution’s waiver of notice

Legislation cited

Subjects

temporary bailself‑treatmentfinal ritesSection 268 CrPCcourt discretionbail bond

Judgment

      R/CR.MA/16136/2026                                         ORDER DATED: 16/07/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 16136
                           of 2026

==========================================================
                           MALDE GIGABHAI ODEDARA
                                    Versus
                           STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS JAYSHREE C BHATT(170) for the Applicant(s) No. 1
MR ROHAN A SHAH, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                   Date : 16/07/2026

                                     ORAL ORDER


1.       Present       application     has     been      filed    by     the    applicant

seeking temporary bail on the ground of self treatment as

well as final rites of mother-in-law.



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/16136/2026                                                ORDER DATED: 16/07/2026




                  4.       The       application,          therefore,         succeeds         and       is     partly

                  allowed. The applicant is ordered to be released on temporary

                  bail for a period of seven 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 notification

                  issued       by    the      State      under       Section        268      of    the     Code     of

                  Criminal Procedure, in case of the applicant, shall remain in

                  abeyance, during the aforesaid period of temporary bail.



                  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 16/07/2026 16:54:54




                                                                Page 2 of 2


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