Mukeshkumar Somalal Mali through Mali Lataben Somalal v. State of Gujarat
2017-07-04
A.J.SHASTRI, ABHILASHA KUMARI
body2017
DigiLaw.ai
ORDER : ABHILASHA KUMARI, J. 1. Rule. Mr. Ronak Raval, learned Additional Public Prosecutor, waives service of notice of Rule for the respondents. 2. This application has been preferred by the Party-in-Person Smt. Lataben Somalal Mali, who is the mother of the convict-Mukeshkumar Somalal Parmar (Mali), who is undergoing life imprisonment in connection with offences punishable under Sections 376(2)(g), 120-B and 34 of the Indian Penal Code, 1860. 3. We have heard the Party-in-Person and perused the averments made in the application. 4. It is stated that the maternal grandmother of the convict has passed away on 02.07.2017 and the presence of the convict is required during the post-death ceremonies that are to be conducted. It is stated that the convict is the only responsible person who can manage such ceremonies, therefore, the prayer made in the application may be granted. 5. We have perused the Jail record pertaining to the convict, which indicates that his conduct is “bad”. It appears that on a previous occasion, when the convict was released on temporary bail, he has returned to the Jail after the closure of the Jail, though on that very date. 6. Taking into consideration that on other occasions, the convict has surrendered on time as well as the reasons stated in the application, we deem it appropriate to partly grant the prayer made by the Party-in-Person. 7. Hence, the following order: The convict-Mukeshkumar Somalal Parmar (Mali) shall be released on temporary bail from the date of his actual release till 11.07.2017 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. Upon expiry of the aforesaid period, the convict shall surrender before the concerned Jail authority forthwith. 8. The application is partly-allowed, in the above terms. Rule is made absolute, to the above extent. 9. The Registry is directed to send the order through Fax to the Jail authority forthwith.