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Gujarat High Court · body

2017 DIGILAW 1374 (GUJ)

Mahendrabhai Somabhai Vasava Through Jatinbhai Sureshbhai Patel v. State of Gujarat

2017-08-08

A.J.SHASTRI, ABHILASHA KUMARI

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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 by the foster brother of the prisoner with a prayer to release the prisoner on temporary bail for a period of thirty days for the last rite of his foster mother, who is stated to have passed away on 28.07.2017 3. Rule was issued in the application on 03.08.2017, making it returnable on 04.08.2017 On 04.08.2017, the matter was adjourned to 08.08.2017 on the joint request of the learned counsel for the respective parties. 4. Today, when the application is taken up, Mr. Ronak Raval, learned Additional Public Prosecutor, has submitted a report dated 07.08.2017, under the signature of Shri Sandip Singh, Police Superintendent, Bharuch, wherein after verification, it is found that the prisoner is the foster son of Gitaben, who passed away on 2 8.07.2017 The last rites are to be held on 08.08.2017 and 09.08.2017 5. The prisoner is undergoing life imprisonment in connection with offences punishable under Sections 302 and 188 of the Indian Penal Code, 1860. 6. As per the Jail remarks pertaining to the prisoner, his conduct in Jail is stated to be good and on the previous occasion when he was released on temporary bail, he has surrendered on time. 7. Taking into consideration the above facts and circumstances and the reason stated in the application, we are inclined to partly grant the prayer made in the application. 8. Hence, the following order: 9. The convict prisoner shall be enlarged on temporary bail for a period of ten 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. 10. Upon the expiry of the aforesaid period, the convict prisoner shall surrender before the concerned Jail authority for thwith. 11. The application is partly-allowed, in the above terms. Rule is made absolute, to the aforesaid extent. 12. A copy of the order be sent to the Jail authorities by Fax message.