Jayeshbhai Ramjibhai Parmar Thro' Rahul Manubhai Parmar v. State of Gujarat
2017-07-03
A.J.SHASTRI, ABHILASHA KUMARI
body2017
DigiLaw.ai
ORDER : ABHILASHA KUMARI, J. Rule. Mr. J.K Shah, learned Additional Public Prosecutor, waives service of notice of Rule for the respondents. 2. This application under Section 389(1) of the Code of Criminal Procedure, 1973, has been preferred by the applicant with a prayer to enlarge him on temporary for a period of thirty days in order to make financial arrangements for the payment of the tuition fees and other miscellaneous expenses such as notebooks, school dress and other educational material that his daughter, who is at present studying in the Xth Standard and wants to join a tuition class, namely, Anand Sir Private Tuition Class. 3. The applicant is undergoing life imprisonment in connection with offences punishable under Sections 302 read with Section 149, 396, 397, 398, 201, 449, 435, 436, 452, 147, 148, 295, 153 (A) (1) ( a) (b), 427, 332, 337, 143, 186, 447 and 188 of the Indian Penal Code, 1860 and under Section 135 of the Gujarat Police Act, 1951. 4. Heard Mr. Hemant B. Raval, learned advocate for the applicant and Mr. J.K Shah, learned Additional Public Prosecutor for the respondents and perused the averments made in the application. 5. The mark-sheet of the daughter of the applicant has been annexed herewith indicating that she is reasonably good in studies. 6. We have also perused the Jail record pertaining to the applicant, which is stated to be “bad”. The reason being that the applicant has a tendency to surrender late and has surrendered late by eight days, sixteen days, thirty days, sixteen days and sixteen days on previous occasions. 7. Had it not been for the education of the daughter of the applicant, we may not have considered the prayer made in the application. However, considering the facts and circumstances of the case as well as the reason stated in the application, we deem it appropriate to partly grant the prayer made by the applicant. 8. Hence, the following order: 9. The applicant shall be released on temporary bail for a period of ten days from the date of his release on furnishing a personal bond of Rs. 5,000/- (Rupees Five Thousand only) and upon the usual terms and conditions, to the satisfaction of the concerned Jail authority. No further extension shall be granted. 10. Upon expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 11.
5,000/- (Rupees Five Thousand only) and upon the usual terms and conditions, to the satisfaction of the concerned Jail authority. No further extension shall be granted. 10. Upon expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 11. The application is partly-allowed, in the above terms. Rule is made absolute, to the aforesaid extent. 12. Direct Service of this order is permitted.