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Gujarat High Court · body

2017 DIGILAW 1579 (GUJ)

Babubhai Kamlabhai Parmar v. State of Gujarat

2017-09-04

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORDER : A.J SHASTRI, J. 1. The applicant has filed the present application dated 28.07.2017 (wrongly written as ‘2015’ in the application) for the purpose of seeking temporary bail for a period of thirty days on the premise that on account of the recent heavy rain, the wall of his Kutchha house is washed away and for the purpose of repair, the applicant is presented before us. 2. For the purpose of considering the request, we have issued Rule in the present proceeding vide our order dated 22.08.2017, pursuant to which, Mr. J.K Shah, learned Additional Public Prosecutor, has produced on record, the verification report dated 27.08.2017, signed by Mr. M.B Gajjar, Police Inspector, Poshina Police Station, [and along with said verification report, the statement of the neighbour as well as the Panchnama, which has been drawn on 26.08.2017, are annexed. 3. From the said verification report, it is reflected that the house which has been belonging to the applicant is in a dilapidated condition and the wall has been damaged and major portion of the house has got substantially damaged. The Panchnama is also indicating the very same fact and in addition thereto, the statement of Harjibhai Rupabhai, a neighbour, has also fortified this. 4. Considering this fact, we have also perused the jail remarks of the applicant which indicates that the conduct of the applicant is good in jail and on the previous occasion in the month of July, 2017, when the applicant was enlarged on temporary bail, he has surrendered well within time. 5. The applicant is undergoing life imprisonment in connection with of offences punishable under Sections 302, 323, 324, and 504 of the Indian Penal Code, 1860, and though the applicant has undergone only one year imprisonment, but the reason which has been assigned in the application being found to be correct, we are inclined to exercise our discretion in part. 6. Hence, the following order: The applicant is permitted to be enlarged on temporary bail for a period of ten days 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. 7. The application is allowed, in the above terms. Rule is made absolute accordingly. 8. 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. 7. The application is allowed, in the above terms. Rule is made absolute accordingly. 8. The verification report is taken on record.