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2017 DIGILAW 1373 (GUJ)

Samsherkhan Yusufkhan Pathan Through Jabinbanu Yusufkhan Pathan v. State of Gujarat

2017-08-08

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORAL ORDER : ABHILASHA KUMARI, J. Rule. Mr. Ronak Raval, 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 on behalf of the prisoner by his sister Jabinbanu Yusufkhan Pathan, with a prayer to enlarge the prisoner on temporary bail for a period of thirty days on account of the illness of his minor daughter aged six years, who is hospitalised as she is suffering from Viral Pyrexia. A copy of the medical certificate issued by Medical Officer, Sahyog General Hospital, is annexed to the application. 3. The prisoner is undergoing life imprisonment in connection with the offence punishable under Section 302 read with Section 149 of the Indian Penal Code, 4. We have heard Ms. Nimisha J. Parekh, learned advocate for the applicant and Mr. Ronak Raval, learned Additional Public Prosecutor and perused the averments made in the application as well as the medical certificate annexed thereto. 4. Insofar as the Jail remarks pertaining to the prisoner are concerned, it is stated therein that the conduct of the applicant in Jail is not good. The reason for this appears to be that the prisoner has surrendered late by a period of two days on 25.06.2017 for which he has already been given Jail punishment. 5. Apart from the above lapse, the prisoner appears to have surrendered on time on the previous occasion when he was granted temporary bail. 6. Taking into consideration the reason stated in the application, which is fortified by the medical certificate annexed thereto, we are inclined to partly grant the prayer made in the application. 7. Hence, the following order: 8. The convict prisoner 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. 9. Upon the expiry of the aforesaid period, the convict prisoner 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 is permitted.