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Gujarat High Court · body

2017 DIGILAW 1316 (GUJ)

Pravinbhai Karamshibhai Kumaria (Koli) through Karamshibhai Jagshibhai Kumariya v. State of Gujarat

2017-07-27

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORDER : ABHILASHA KUMARI, J. 1. Rule. Mr. Manan Mehta, 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 release him on temporary bail for a period of thirty days in order to enable him to perform agricultural activities upon the land, the revenue record pertaining to which in the form of copies of Village Form Nos. 7, 12 and 8A has been annexed to the application. Another ground stated in the application is that the applicant is required to provide financial assistance to his family. 3. The applicant is undergoing life imprisonment in connection with the offence punishable under Section 302 of the Indian Penal Code, 1860. 4. 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 good and on the previous occasion, when he was released on temporary bail, he has surrendered on time. 5. We further notice that the agricultural land, the record of which is annexed to the application, belongs to the father of the applicant. 6. Taking into consideration the reasons stated in the application, we are inclined to partly grant the prayer made in the application. 7. Hence, the following order: 8. The applicant shall be enlarged on temporary bail for a period of fifteen 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. 9. Upon the expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 10. The application is partly-allowed, in the above terms. Rule is made absolute, to the aforesaid extent. 11. Direct Service of this order, today, is permitted.