Lakhansing @ Lakhiyo @ Bhuriyo Lalubha Chudasama Through Belaben Lalubhai Chudasama v. State of Gujarat
2017-07-18
A.J.SHASTRI, ABHILASHA KUMARI
body2017
DigiLaw.ai
ORDER : ABHILASHA KUMARI, J. 1. Mr. Yash H. Joshi, learned advocate for the applicant, has made the draft amendment. The same is granted and may be carried out during the course of the day. 2. Rule. Mr. J.K Shah, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of respondent-State. 3. This application has been preferred by the applicant with a prayer to release him on temporary bail for a period of thirty days, on account of the forty-five per cent burn injury sustained by his mother, who is required to be treated in the Civil Hospital and has been advised plastic surgery. 4. The applicant is undergoing life imprisonment for the offences punishable under Sections 302 r/w Sections 149, 396, 397, 398, 201, 449, 435, 436, 452, 147, 148, 295, 153(A) (1)(a)(b), 427, 332, 337, 143, 186, 447, 188 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act. 5. We have perused the averments made in the application as well as the photographs annexed thereto along with the medical prescriptions regarding the burn injury sustained by the mother. 6. We have also perused the jail record pertaining to the applicant, which indicates that his conduct in jail is good. Though the applicant was recently released on temporary bail w.e.f 7.6.2017 to 13.6.2017 on account of his son's admission, however, in view of the reason stated in the application and as the injury sustained by the mother of the applicant was on 7.7.2017, as informed by the learned advocate for the applicant, which is after the date on which the applicant surrendered, we consider it appropriate to partly grant the prayer made in the application. Hence, the following order. The applicant shall be released on temporary bail for a period of 10 days from the date of his actual release upon 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. No extension of this period of temporary bail shall be granted. 8. The application is allowed, in the above terms. Rule is made absolute to the above extent.