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2017 DIGILAW 1631 (GUJ)

Dahyabhai Hirabhai Vankar v. State of Gujarat

2017-09-12

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORDER : ABHILASHA KUMARI, J. 1. Rule. Mr. Ronak Raval, learned Additional Public Prosecutor, waives service of notice of Rule for the respondents. 2. This application dated 02.09.2017, 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 arrange for the sustenance and livelihood of his family consisting of young children, wife and aged parents, who are stated to be in a difficult situation. 3. The applicant is undergoing life imprisonment in connection with offences punishable under Sections 302 and 506(2) 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. We notice from the Jail remarks that the applicant has served two years and ten months of sentence and has not been released on temporary bail, so far, though he has been released on Parole on two occasions and has surrendered on time. 5. Taking into consideration the reason stated in the application, 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. 7. Upon the expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 8. The applicant shall report to Modasa Rural Police Station on the first and the last day of temporary bail. 9. The application is partly-allowed, in the above terms. Rule is made absolute, to the aforesaid extent.