High Court of Gujarat

JESANGBHAI @ GOKABHAI RAMABHAI KATARIYAversusSTATE OF GUJARAT

Disposal: 44-PARTLY ALLOWED @ FH
Bench: P M RAVAL

Holding

The High Court modified the temporary bail order, requiring a deposit of Rs.1,50,000 and altering the police‑escort condition, thereby partly allowing the applicant’s application.

Summary

JESANGBHAI @ GOKABHAI RAMABHAI KATARIYA obtained a three‑day temporary bail from the Sessions Court with a condition to deposit police‑escort charges. He challenged that order before the Gujarat High Court, arguing it was improper. The State, represented by the original complainant’s counsel, opposed the challenge, contending the trial court acted correctly given the serious offences under Sections 103(1) and 61(2) of the BNS, 2023 and Section 135 of the GP Act. The High Court examined the submissions and modified the bail order, directing the applicant to deposit Rs.1,50,000 before release and adjusting the police‑escort condition, while ordering the amount to be returned upon surrender. The application for modification was therefore partly allowed.

Issues considered

What is the appropriate condition for granting temporary bail in cases involving offences under Sections 103(1) and 61(2) of the BNS, 2023 read with Section 135 of the GP Act?
Whether the Sessions Court erred in not requiring a monetary deposit for police escort charges at the time of granting bail.

Subjects

temporary bailpolice escortbail conditionsmodification of orderhigh courtcriminal procedureBNS 2023GP Act

Judgment

      R/CR.MA/9004/2026                                ORDER DATED: 20/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 9004 of
                            2026

==========================================================
               JESANGBHAI @ GOKABHAI RAMABHAI KATARIYA
                                Versus
                       STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
KRUTIK PARIKH APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                               Date : 20/04/2026

                                ORAL ORDER


1.      Heard the submissions of learned Advocate Ms. Gaytriba
B. Jadeja for the Applicant, learned Advocate Mr. Suhel Sheikh
for    the     original    complainant,       and   learned    APP     for       the
Respondent – State. Rule, Learned advocates waives service of
Rule on behalf of respective parties.

2.      The Applicant is before this Court challenging the order
passed        by     the   learned   6th      Additional   Sessions       Judge,
Ahmedabad (Rural), at Viramgam dated 09.04.2026 in Criminal
Misc. Application No. 100/2026, whereby the Applicant came to
be granted temporary bail for 3 days with a condition that the
necessary amount towards police escort charges be deposit as
per rules.

3.      Learned Advocate Mr. Suhel Sheikh has vehemently
opposed the application filed by the Applicant.

4.      Learned APP submitted that no error has been committed
by the Trial Court while granting temporary bail, more


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        R/CR.MA/9004/2026                                                                      ORDER DATED: 20/04/2026




 particularly as the Applicant is facing serious offences under
 Sections 103(1) and 61(2) of the BNS, 2023 read with Section
 135 of the GP Act.

 5.         Considering the averments made in the application as
 well as the reasons assigned by the Trial Court, the impugned
 order dated 09.04.2026 passed by the learned Sessions Court,
 Viramgam in Criminal Misc. Application No. 100/2026 is
 modified to the extent that the Applicant shall be required to
 deposit an amount of Rs. 1,50,000/- before the learned Trial
 Court prior to release for three days, and the condition of
 police escort and deposit of the necessary amount is modified
 to the aforesaid extent.

 6.         It is further directed that upon surrender of the Applicant
 before the jail authority, the amount deposited by the
 Applicant shall be returned to the Applicant/his wife after due
 verification, and other conditions as imposed in the impugned
 order shall remain continued.

 7.         In view of the above, the captioned application is partly
 allowed.
                                                                                                          (P. M. RAVAL, J)
 MMP


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/04/2026
17:53:49




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