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Gujarat High Court · body

2017 DIGILAW 1336 (GUJ)

Soyeb Haidarbhai Jheda through Havaben Haidarbhai Miyana (Jheda) v. State of Gujarat

2017-07-31

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORAL ORDER : ABHILASHA KUMARI, J. Rule. Mr. J.K. Shah, 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 attend the marriage of his real sister, the functions of which begin from 08.08.2017 and end on 10.08.2017 3. The applicant is undergoing life imprisonment in connection with offences punishable under Sections 302, 307, 323, 504, 147, 148 and 149 of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act, 1951. 4. Along with the application, the applicant has annexed the wedding card, which shows that the functions for the wedding of his sister start from 08.08.2017 and end on 10.08.2017 It is stated in the application that the father of the applicant has passed away, therefore, he is required to shoulder the responsibility for the wedding of his sister. The Death Certificate of his father is annexed as Annexure-B to the application. 5. We have heard Ms. Gayatriba B. Jadeja, learned advocate for the applicant and Mr. J.K. Shah, learned Additional Public Prosecutor for the respondents, perused the averments made in the application as well as the Jail remarks pertaining to the applicant, which indicate that the conduct of the applicant in Jail is good and on the previous occasions, when he was released on temporary bail, he has surrendered on time. 6. In view of the above facts and circumstances and as the applicant was earlier released on temporary bail on the occasion of the engagement of the same sister, who is getting married, vide order dated 08.08.2016, passed in Criminal Misc. application No. 19316 of 2016, we consider it appropriate 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 ten days commencing from 04.08.2017 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. 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 applicant shall mark his presence at Bhavnagar ‘D’ Division Police Station once every five days between 10:00 AM to 2:00 PM. 11. The application is partly-allowed, in the above terms. Rule is made absolute, to the aforesaid extent. 12. Direct Service of this order is permitted.