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Gujarat High Court · body

2017 DIGILAW 1216 (GUJ)

Osman Umar Sama v. State of Gujarat

2017-07-04

A.J.SHASTRI, ABHILASHA KUMARI

body2017
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 dated 29.06.2017, has been preferred by the applicant through Jail with a prayer to release him on temporary bail for a period of twenty-one days on account of the engagement and other related ceremonies of his daughter, which are to take place with effect from 05.07.2017 to 09.07.2017 The applicant is undergoing life imprisonment in connection with the offence punishable under Section 302 of the Indian Penal Code, 1860. 3. We have perused the averments made in the application as well as the Jail record pertaining to the applicant, which indicates that his conduct in jail is stated to be good. 4. We had requested the learned Additional Public Prosecutor to get the contents of the applicant verified. Mr. Ronak Raval, learned Additional Public Prosecutor, has submitted a Report signed by the Police Inspector, Bhuj City ‘A’ Division Police Station, which states that the neighbour of the applicant as well as he father of the boy have verified, in their statements, that the engagement is scheduled to take place, as stated in the application. It is, therefore, found that the ceremonies regarding the engagement of the daughter of the applicant are, indeed, scheduled to take place from 05.07.2017 to 09.07.2017 5. Taking into consideration the above facts and circumstances, we are inclined to partly grant the prayer made in the application. 6. Hence, the following order: The applicant is permitted to be enlarged on temporary bail from the date of his actual release upto 10.07.2017, 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 applicant shall surrender before the concerned Jail authority forthwith. 7. The application is allowed, in the above terms. Rule is made absolute accordingly. 8. Registry is directed to send the order through Fax to the Jail authority forthwith.