Akshaybhai Yashvantbhai Vasava v. State of Gujarat
2017-09-11
A.J.SHASTRI, ABHILASHA KUMARI
body2017
DigiLaw.ai
ORDER : ABHILASHA KUMARI, J. 1. Rule. Mr. J.K Shah, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of respondent - State. 2. This application dated 23.8.2017 has been preferred by the applicant, through jail, with a prayer to enlarge him on temporary bail for a period of thirty days, in order to do monsoon farming on his agricultural land and cultivate his crops. 3. The applicant is undergoing life imprisonment in connection with the offence punishable under Section 302 of the Indian Penal Code. 4. We have perused the averments made in the application. It transpires from the jail remarks that though the applicant has served two years, four months and twenty-eight days of sentence, he has not availed of temporary bail, so far. 5. We have also perused the Revenue record annexed to the application in the shape of Village Form Nos. 7/12 and 8A, indicating the details of the agricultural land of the applicant. 6. Taking into consideration the reasons stated in the application, we are inclined to partly grant the prayers made by the applicant. Hence, the following order: The applicant shall be released on temporary bail for a period of fifteen days upon 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. The applicant shall mark his presence with Sagbara Police Station on 1st and 15th day of the temporary bail period. 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 to the above extent.