Abdul Samad @ Munna S/o Nur Mahmed Malik v. State of Gujarat
2017-07-20
A.J.SHASTRI, ABHILASHA KUMARI
body2017
DigiLaw.ai
ORDER : ABHILASHA KUMARI, J. 1. Rule. Mr. J.K Shah, learned Additional Public Prosecutor, waives service of notice of Rule for the respondents. 2. This application has been preferred by the applicant-convict, through his wife, Nasim Abdul Samad Malek, with a prayer to release him on temporary bail for a period of twenty-one days in order to enable him to attend the Nikah ceremony of his niece (sister's daughter), which is to be held on 21.07.2017 3. The applicant is undergoing life imprisonment in connection with offences punishable under Sections 324 read with Section 120(B), 302 read with Section 120B, 143, 147, 148 and 149 of the Indian Penal Code, 1860. 4. We have perused the averments made in the application as well as the Jail remarks pertaining to the applicant, which indicate that his conduct in Jail is good. On previous occasions, when the applicant was released on temporary bail, he has surrendered on time. 5. Taking into consideration the reason stated in the application, we are inclined to partly accept the prayer made in the application. 6. Hence, the following order: The applicant shall be enlarged on temporary bail for a period of seven days from the date of his actual 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. 7. Upon the expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 8. The application is partly-allowed, in the above terms. Rule is made absolute, to the aforesaid extent. 9. Direct Service of this order, today, is permitted.