Supreme Court of India

CHAITARBHAI DAMJIBHAI VASAVA VS. STATE OF GUJARAT on 27 October 2026

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ITEM NO.54 COURT NO.2 SECTION II-E

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.)

No(s). 20580/2026

[Arising out of impugned final judgment and order dated 16-10-2026 in CRLMA(TB) No. 4/2026 passed by the High Court of Gujarat at Ahmedabad]

CHAITARBHAI DAMJIBHAI VASAVA PETITIONER(S)

VERSUS

STATE OF GUJARAT & ANR. RESPONDENT(S)

FOR ADMISSION

IA No. 328937/2026 - EXEMPTION FROM FILING O.T.

Date : 27-10-2026

This matter was called

on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE APARESH KUMAR SINGH

For Petitioner(s) :Mr. Kapil Sibal, Sr. Adv.

Mr. Shadan Farasat, Sr. Adv.

Mr. Talha Abdul Rahman- 2467, AOR

Mr. Isa Hakim, Adv.

Mr. Sudhanshu Tewari, Adv.

Ms. Vibha Swaminathan, Adv.

Mr. Faizan Ahmed, Adv.

Mr. Sidharth Kaushik, Adv.

Digitally signed by

NEETU KHAJURIA

Date: 2026.10.28

11:45:30 IST

Reason:

Signature Not Verified

Mr. Arjun Joshi, Adv.

Mr. Chandra Mani Dev, Adv.

Ms. Shivangi Gupta, Adv.

For Respondent(s) : Mr. Tushar Mehta, SG

Ms. Swati Ghildiyal, AOR

Mr. Nimesh Bhatt, Adv.

Mr. Akash Verma, Adv.

UPON hearing the counsel

the Court made the following

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O R D E R

1. Heard.

2. The present petition arises out of the order dated 16th October, 2026 passed by the High Court of Gujarat at Ahmedabad (hereinafter referred to as the “High Court”) in Criminal Misc. Application (Temporary Bail) No.4 of 2026 in Criminal Appeal No. 1751 of 2026, whereby the petitioner-convict was permitted to be released on temporary bail for a period of one day, from 7:00 a.m. to 7:00 p.m. from the date of his actual release, to enable him to attend to his step-brother, who is stated to be in a critical condition and undergoing treatment at the New Civil Hospital, Surat. The petitioner, who had sought temporary bail for a period of 30 days, is aggrieved by the limited duration of interim bail granted by the High Court.

3. The petitioner stands convicted for the offences punishable under Sections 143, 147, 148, 149, 189, 332, 353, 386, 294(b), 506(2), 201 and 34 of the Indian Penal Code, 1860, and Section 25(1-a) of the Arms Act, 1959, and has been sentenced to undergo imprisonment for a period of seven years. He preferred Criminal Appeal No.1751 of 2026 before the High Court, which was admitted on 31st July, 2026. However, his application seeking suspension of sentence was rejected by the High Court vide order dated 24th August, 2026.

4. Shri Kapil Sibal and Shri Shadan Farasat, learned senior counsel appearing for the petitioner, submitted that the interim bail for a period of one day granted by the High Court was absolutely inadequate, having regard to the critical condition of the petitioner's step-brother, the distance between the jail and the hospital, and the need to make arrangements for his further treatment and the requisite funds. They further submitted that the petitioner had duly complied with the conditions imposed during his earlier release on temporary bail and prayed that the impugned order be suitably modified by granting such period of temporary release as this Court may deem appropriate.

5. Shri Tushar Mehta, learned Solicitor General appearing for the State on advance notice, vehemently opposed the prayer, submitting that the petitioner and his step-brother, Shantilal Damjibhai Vasava, were not on talking terms and, therefore, the petitioner's presence at the hospital was neither necessary nor warranted. He further submitted that the petitioner had other family members, including his real siblings and other step-siblings, who could attend to the patient during his treatment. He accordingly urged that the prayer for temporary release be rejected. In the alternative, he submitted that, should this Court be inclined to grant temporary release, the expenses occasioned thereby, including those towards police escort and security arrangements, ought to be borne by the petitioner.

6. Having considered the medical documents placed on record and the peculiar facts and circumstances of the case, we are of the considered view that the request made on behalf of the petitioner merits consideration on humanitarian grounds. The critical condition of the petitioner's step-brother constitutes a circumstance warranting indulgence. No prejudice is likely to be caused by permitting the petitioner to attend to his ailing step- brother for a short duration, particularly when his liberty can be adequately regulated by imposing stringent conditions.

7. Accordingly, the impugned order is modified to the following extent:

(i) The petitioner shall be released on temporary bail for a period of three days from the date of his actual release, upon furnishing a personal bond in the sum of Rs.25,000/- to the satisfaction of the concerned jail authority.

(ii) The petitioner shall be escorted by the minimum police security from the concerned jail to Surat and back. The expenses towards police escort, transportation necessitated by the temporary release shall be borne entirely by the petitioner.

(iii) During the period of temporary bail, the petitioner shall not leave the territorial limits of Surat city and shall confine his movements to such places as may be necessary for attending to his step- brother and facilitating arrangements relating to his medical treatment, subject to the supervision and directions of the escorting police personnel.

(iv) The petitioner shall not address any public gathering, participate in any political activity, interact with the media or make any public statement during the period of temporary bail.

(v) The petitioner shall not misuse the liberty granted to him in any manner.

(vi) The petitioner shall surrender before the Superintendent of the concerned jail immediately upon expiry of the aforesaid period of temporary bail, without awaiting any further direction or notice.

(vii) All other conditions imposed by the High Court, insofar as they are not inconsistent with this order, shall continue to operate.

8. The Registry shall communicate this order forthwith to the concerned jail authority for necessary compliance.

9. The special leave petition stands disposed of in the above terms.

10. Pending application(s), if any, shall also stand disposed of. (NEETU KHAJURIA) (RANJANA SHAILEY) ASTT.REGISTRAR-CUM-PS ASSISTANT REGISTRAR

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