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High Court of Gujarat

AMIT @ VINI S/O PAPPU SUKHARAM MALVATversusSTATE OF GUJARAT

Disposal
44-PARTLY ALLOWED @ FH

Holding

The Court granted temporary bail for ten days on a personal bond with specified conditions, thereby allowing the petition in part.

Summary

The petitioner, Amit @ Vini, was arrested in January 2025 and remained incarcerated, prompting him to file a temporary bail application seeking a 30‑day release to provide financial assistance to his family. The Additional Public Prosecutor waived service on behalf of the State, and both parties were heard before the Hon'ble Justice P. M. Raval. Considering the petitioner's circumstances and the jail remarks indicating continued detention, the Court exercised its discretion in his favour. The Court granted temporary bail for ten days, subject to a personal bond of Rs.10,000 and conditions that the petitioner not leave Gujarat, report to the police station on alternate days, and surrender at the end of the period. The order was made absolute and direct service was permitted.

Issues considered

  • What is the appropriate discretion of the Court in granting temporary bail to a petitioner already in custody?
  • Whether the petitioner is eligible for temporary bail on the ground of providing financial assistance to his family.
  • Whether the waiver of service by the Additional Public Prosecutor affects the grant of bail.

Subjects

temporary bailcriminal procedurebail bondpersonal bondGujarat High Courtjurisdiction

Judgment

      R/CR.MA/7135/2026                           ORDER DATED: 30/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 7135 of
                            2026

==========================================================
                  AMIT @ VINI S/O PAPPU SUKHARAM MALVAT
                                    Versus
                         STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                             Date : 30/03/2026

                              ORAL ORDER
1.      This petition is filed by the petitioner seeking temporary bail
for a period of 30 days on the ground to provide financial
assistance to his family.


2.      Rule. Learned Additional Public Prosecutor waives service
on behalf of the respondent – State.


3.      Heard, the learned advocates for the parties.
4.      Having heard and considering the averments made in the
petition, more particularly, the ground mentioned therein as well
as the jail remarks from which it appears that the petitioner is not
released from jail after his arrest in January 2025, this Court is
inclined to exercise discretion in favour of the present petitioner.


5.      The petition, therefore, succeeds and is allowed in part. The
petitioner is ordered to be released on temporary bail for a period


                                 Page 1 of 2
         R/CR.MA/7135/2026                                                               ORDER DATED: 30/03/2026




  of ten 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 that the petitioner shall surrender to
  the jail authority on expiry of the temporary bail period forthwith.
  He shall not leave the State of Gujarat during this period and mark
  his presence on every alternate day during this period before the
  concerned police station. Rule is made absolute accordingly.


  5.1        Direct service is permitted.


                                                                                                   (P. M. RAVAL, J)
  R.S. MALEK


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/03/2026 14:49:46




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