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2017 DIGILAW 1322 (GUJ)

Hemraj Muljibhai Muchhadiya v. State of Gujarat

2017-07-28

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 on behalf of respondent State. 2. This application, dated 21.07.2017, has been preferred by the applicant, through jail, with a prayer to enlarge him on temporary bail for a period of 30 days in order to provide means of sustenance and maintenance to his family who are stated to be living in a dire straits. 3. The applicant is undergoing life imprisonment in connection with the offence punishable under Sections 302, 149, 143, 147 and 148 of the Indian Penal Code. 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 not good. 5. The reason for this appears to be that applicant was enlarged on temporary bail on 23.02.2017 for a period of five days and he surrendered late by four days. For this, he has been given jail punishment which is reflecting in the jail remarks. 6. Taking into consideration the reasons stated in the application, we deem it proper to partly grant the prayer made in the application. Hence, we pass the following order: The applicant is directed to be released on temporary bail for a period of 07 days from the date of his actual release upon furnishing 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 to the above extent.