GORAKHBHAI JASKUBHAI BASIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court exercised its discretion and granted temporary bail for seven days with specified conditions.
Summary
Gorakhbhai Jaskubhai Basiya filed a criminal miscellaneous application seeking temporary bail. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court, after hearing the applicant's grounds and considering the jail remarks, exercised its discretion in favor of the applicant. The application was partly allowed, granting temporary bail for seven days upon furnishing a personal bond of Rs.10,000 to the jail authority. The bail order imposed conditions that the applicant must surrender at the end of the period and report to the nearest police station on the 3rd and 5th days after release.
Issues considered
- Whether the applicant is entitled to temporary bail pending trial
- Whether the waiver of service of notice by the prosecutor affects the grant of bail
Subjects
Judgment
R/CR.MA/17582/2026 ORDER DATED: 05/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 17582
of 2026
==========================================================
GORAKHBHAI JASKUBHAI BASIYA
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 05/08/2026
ORAL ORDER
1. Present application has been filed by the applicant
seeking temporary bail on the grounds stated in the
application.
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.
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R/CR.MA/17582/2026 ORDER DATED: 05/08/2026
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 with a further
condition that the applicant shall mark presence before the
nearest police station every 3rd and 5th day from the date of
release.
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 05/08/2026 16:36:45
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