Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1622 (GUJ)

Mohamad Imaran Abdul Sattar Vora Through Nagma Mohammad Imaran Vora v. State of Gujarat

2017-09-11

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORDER : ABHILASHA KUMARI, J. 1. This application has been preferred by Smt. Nagma Mohamad Imran Vora, the wife of the prisoner, with a prayer to release the prisoner on temporary bail for a period of three weeks on the ground that she has received a notice from the landlord asking her to pay the outstanding arrears of rent for a period of seven months, failing which appropriate action for eviction would be taken by him. 2. The applicant is undergoing life imprisonment in connection with offences punishable under Sections 302, 114 and 294(B) of the Indian Penal code 1860. 3. We have perused the averments made in the application as well as the Jail record pertaining to the applicant which indicates that his conduct in Jail is good and on the previous occasion when he was enlarged on temporary bail, he has surrendered on time. However, we also notice that the applicant has served only eleven months and three days of sentence and was recently released on temporary bail with effect from 02.07.2017 to 11.07.2017, on the ground of his son's treatment. 4. Pursuant to issuance of Rule, Mr. J.K Shah, learned Additional Public Prosecutor, has submitted a Verification Report dated 11.09.2017, under the signature of the Police Inspector, Dabgarwad Police Chowky, Dariapur Police Station, Ahmedabad City, along with the statement of the landlord, which is taken on record. From the statement of the landlord, it is clear that the landlord has issued notice to the wife of the prisoner for arrears of rent. It is also stated therein that the father of the prisoner, who works in a Petrol Pump, used to pay the rent but has not done so for a period of seven months. 5. Heard Ms. Khusbu P. Vyas, learned advocate for the applicant and Mr. J.K Shah, learned Additional Public Prosecutor for the respondent - State and perused the averments made in the application. 6. It is submitted by learned advocate for the applicant that the wife of the prisoner stays separately from her father-in-law, who is no longer helping them by paying the rent. Hence, she is not in a position to make payment of seven months' arrears of rent, failing which they may have to lose their home. 7. Taking into consideration the reason stated in the application, we are inclined to partly grant the prayer made in the application. 8. Hence, she is not in a position to make payment of seven months' arrears of rent, failing which they may have to lose their home. 7. Taking into consideration the reason stated in the application, we are inclined to partly grant the prayer made in the application. 8. 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. 9. The application is allowed, in the above terms. Rule is made absolute accordingly. 10. Direct Service of this order, today, is permitted.