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Gujarat High Court · body

2017 DIGILAW 1580 (GUJ)

Mohanbhai Unjabhai Patel v. State of Gujarat

2017-09-04

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORDER : A.J SHASTRI, J. 1. The present application is filed by the applicant through jail for the purpose of seeking temporary bail for a period of thirty days vide application dated 27.07.2017, on the premise that on account of heavy flood-like rain in the village, the agricultural field of the applicant is washed away and the cattle which were available have also drowned. On posing this reason, the applicant has sought a temporary bail. 2. For the purpose of verification of the cause mentioned in this application, we have issued Rule in the matter on 27.08.2017, pursuant to which, today, Mr. Ronak Raval, learned Additional Public Prosecutor, has presented before us the verification report dated 03.09.2017, signed by Mr. M.H Desai, Palanpur City (West) Police Station, which is taken on record. The report is attached along with the Panchnama as well as the statement of the son and wife of the applicant and other independent persons which indicate that on account of rain, some damage has taken place to the agricultural field but not of grave nature. However, the fact remains that to some extent, the agricultural field is also damaged and one cattle has also died and there is a necessity to construct a roof. 3. For the purpose of considering this, we have also perused the jail remarks which indicate that the conduct of the applicant in jail is stated to be good and on the previous occasion in the month of April, 2017, when the applicant was released on temporary bail, he has surrendered in time. The applicant is undergoing life imprisonment in connection with offence punishable under Sections 302 of the Indian Penal Code, 1860. 4. Considering the overall situation, we are inclined to exercise our discretion in part. 5. Hence, the following order: The applicant is permitted to be enlarged on temporary bail for a period of seven 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. 6. The application is allowed, in the above terms. Rule is made absolute accordingly.