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2017 DIGILAW 1568 (GUJ)

Vaibhavsinh Balvantsinh Chauhan v. State of Gujarat

2017-09-04

A.Y.KOGJE

body2017
ORDER : A.Y KOGJE, J. 1. RULE. Learned Additional Public Prosecutor Ms. Maithili D. Mehta waives service of rule on behalf of the respondent-State. 2. The present application is filed by the accused seeking temporary bail for a period of fifteen days in connection with C.R No. I-23/2017 registered with Jamnagar City “A” Division Police Station as the applicant desires to approach the Apex Court to challenge the order rejecting his bail application in the offence. 3. Ordinarily, the applicant would have been relegated to the concerned Sessions Court. However, considering the urgency as well as the fact that the applicant's travel date to engage service of lawyer is between 5th September, 2017 to 14th September, 2017. 4. The learned advocate for the applicant submits that even after filing of charge-sheet in connection with the offence, his bail application has been rejected by this Court and hence, the applicant is desirous to file the same before the Apex Court. The learned advocate for the applicant submits that he has no other male member in the family to assist his case in Delhi and therefore, he himself has to travel for which the learned advocate for the applicant draws attention of this Court to the railway tickets fixed from the travel date of 6th September, 2017 to 14th September, 2017. 5. The learned APP produces on record the jail report which indicates that the applicant has not been enlarged on temporary bail in past. 6. Considering the fact that the applicant himself was a jail Superintendent and desirous to challenge the orders of this Court before the Apex Court, the application deserves consideration at this stage. In view of the aforesaid facts, the application is allowed. The accused-under-trial prisoner is ordered to be released on temporary bail for a period of two weeks from the date of his actual release, on his furnishing a personal bond of Rs. 10,000/- (Rupees ten thousand only) to the satisfaction of the jail authority, on the condition that: 7. The accused shall surrender to the Jail authorities on expiry of the temporary bail period. 8. The application is allowed in the aforesaid terms. Rule is made absolute. Direct service is permitted.