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2017 DIGILAW 1581 (GUJ)

Rajuji Babuji Thakor v. State of Gujarat

2017-09-04

A.J.SHASTRI, ABHILASHA KUMARI

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ORDER : A.J SHASTRI, J. 1. The applicant has filed the present application dated 27.07.2017, for the purpose of seeking release on temporary bail for a period of thirty days on the premise that on account of recent rain, the house of the applicant has been completely destroyed and for the purpose of seeking help from the Government and for the purpose of helping the family members, he may be enlarged on temporary bail. 2. For the purpose of considering the request, we have issued Rule in the present proceedings vide our order dated 14.08.2017, and in response thereto, today, Mr. Ronak Raval, learned Additional Public Prosecutor has, pursuant to the verification, produced a report dated 28.08.2017, signed by Mr. R.H Hadiyol, Police Sub Inspector, Satlasana Police Station, in which it has been categorically mentioned that after executing the Panchnama, the verification is made and it has been found that the house as well as the agricultural field of the applicant have not been damaged at all. The verification report, along with its annexures, is taken on record. 3. We have perused the verification report as well as the statement of the wife of the applicant and in addition thereto, we have also perused the Panchnama which has been drawn on 26.08.2017, which is indicating no damage. 4. The applicant is undergoing life imprisonment in connection with offences punishable under Sections 302, 147, 148, 149 of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act, 1951, and though the conduct of the applicant in Jail is stated to be good, however, on account of wrong reason which has been assigned in the application upon verification report, we are inclined not to exercise our discretion. 5. Hence, the application stands rejected. Rule is discharged.