KISHANBHAI HIMMATBHAI PATADIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
Holding
The court held that temporary bail may be granted for 14 days on the condition of a personal bond of Rs.25,000 and surety, subject to daily reporting and no extension.
Summary
The petitioner, Kishanbhai Himmatbhai Patadiya, applied for temporary bail for 30 days, citing the need to provide financial assistance to his family. The State, represented by counsel, waived service of notice. The court considered the ground presented and partially allowed the application, granting temporary bail for 14 days upon furnishing a personal bond of Rs.25,000 with an equal surety. Conditions imposed included daily reporting to Dhari Police Station and surrender to jail authorities at the end of the bail period, with no extension or reduction of bond amount permitted. The order was made absolute and direct service was permitted.
Issues considered
- Whether temporary bail can be granted on the ground of financial assistance to the applicant's family
- Whether the conditions imposed, including bond amount, surety, reporting requirements, and prohibition of extension, are lawful
Subjects
Judgment
R/CR.MA/3442/2026 ORDER DATED: 12/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 3442 of
2026
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KISHANBHAI HIMMATBHAI PATADIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
NABILKHAN F YUSUFZAI(8994) for the Applicant(s) No. 1
MR VINAY VISHEN, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 12/02/2026
ORAL ORDER
1. This application is preferred by the Applicant for temporary
bail for a period of 30 days on the ground of providing financial
assistance to the family.
2. Heard learned Advocate Mr. N. F. Yusufzai for the Applicant
and learned APP Mr. Vinay Vishen for the Respondent – State.
3. RULE. Learned APP waives service of notice Rule on behalf of
the respondent-State.
4. Considering the ground mentioned in the Application, this
Court is of the opinion that the present application requires
consideration and the same is therefore partly allowed. The
Applicant is ordered to be released on temporary bail for a period
of 14 days from the date of actual release on the Applicant’s
furnishing a personal bond of Rs.25,000/- (Rupees Twenty Five
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R/CR.MA/3442/2026 ORDER DATED: 12/02/2026
Thousand only) with a surety of the like amount to the satisfaction
of the concerned authority, on usual terms and conditions which
would be decided by the jail authority. The applicant shall not
enter the area of Dhari Police Station, Amreli except for marking
presence before the said Police Station. It is clarified that no
extension shall be granted on expiry of the temporary bail period
and this Court shall also not entertain any application for reduction
of amount of personal bond and surety.
5. The Applicant shall mark his presence before the concerned
police station every day and surrender to the Jail authorities on
expiry of the temporary bail period.
6. Rule is made absolute accordingly. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
KAJAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAJAL KISHORBHAI NAVLAKHA(HCD0076), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 12/02/2026 17:28:21
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