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Gujarat High Court · body

2017 DIGILAW 1610 (GUJ)

Harunbhai Valibhai Tajvani v. State of Gujarat

2017-09-08

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORDER : ABHILASHA KUMARI, J. 1. Rule. Mr. J.K Shah, learned Additional Public Prosecutor, waives service of notice of Rule for the respondents. 2. This undated application, which appears to have been received by the Jail authority on 09.08.2017, has been preferred by the applicant, through Jail, with a prayer to release him on temporary bail for a period of thirty days in order to perform the religious rituals in connection with the death of his elder sister, who passed away on 17.09.2016, as per the Death Certificate annexed with the application. It is stated in the application that the children of his sister are too young and being her brother, he is required to perform certain ceremonies in that capacity. 3. The applicant is undergoing life imprisonment in connection with the offence punishable under Section 302 of the Indian Penal Code, 1860. 4. We have perused the averments made in the application as well as the Jail remarks pertaining to the applicant, which indicate that his conduct in Jail is good and on the previous occasions when he released on temporary bail, he has surrendered on time. It further appears that the applicant has undergone nine years, eight months and one day of his sentence and was last released on temporary bail in the month of November, 2016. 5. Taking into consideration the reason stated in the application and the overall conduct of the applicant, we are inclined to partly grant the prayer made by the applicant. 6. Hence, the following order: The applicant shall be released 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 the expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 7. The application is partly-allowed, in the above terms. Rule is made absolute, to the aforesaid extent.