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2017 DIGILAW 1323 (GUJ)

Zala Bharubha @ Bharatsinh Nanubha @ Pruthvirajsin v. State of Gujarat

2017-07-28

A.J.SHASTRI, ABHILASHA KUMARI

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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 dated 19.07.2017, has been preferred by the applicant through jail with a prayer to release him on temporary bail for a period of thirty days in order to provide treatment to his son who is suffering from psychological problem as well as to provide financial aid to his family members. 3. The applicant is undergoing seven years' imprisonment in connection with offences punishable under Sections 147, 148, 149, 304(2), 323, 324, 337, 504, 427 of the Indian Penal Code, 1860, and Section 135 of the Gujarat Police Act. 1951. 4. It appears that the applicant has also filed two other applications for temporary bail, being Criminal Misc. Applications Nos. 16149/2017 and 15282/2017. We, therefore, called for the papers of both the above-mentioned applications which appear to be having office objections and have not been placed before the Court. The reason stated in one of the applications, namely Criminal Misc. Application No. 15282/2017, is the same as in the present application, that is, the treatment of his son who is suffering from a psychiatric problem, whereas the reason in the other application is different, namely, the treatment of his brother who is suffering from severe headache. 5. Be that as it may, we are not considering those two applications as they are under office objections. Insofar as the present application is concerned, we have perused the grounds stated therein as also the jail remarks pertaining to the applicant which indicate that his conduct in jail is good. On the previous occasions when the applicant has been released on temporary bail, he has surrendered on time. 6. Taking into consideration the above facts and circumstances, we consider it appropriate to partly grant the prayer made in the application. 7. Hence, the following order: The applicant is permitted to be enlarged on temporary bail for a period of ten days from the date of his 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. Upon expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 8. The application is allowed, in the above terms. Rule is made absolute accordingly.