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Gujarat High Court · body

2017 DIGILAW 1684 (GUJ)

Samsherkhan Yusufkhan Pathan Through Jabinbanu Yusufkhan Pathan v. State of Gujarat

2017-09-25

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORDER : ABHILASHA KUMARI, J. 1. This application has been preferred by Jabinbanu Yusufkhan Pathanthe, sister of the prisoner, with a prayer to release the prisoner on temporary bail for a period of fifteen days, on account of the ‘Khatna’ ceremony of his son, Rozamkhan, which is scheduled to take place on 27.9.2017 2. The prisoner is undergoing life imprisonment for the offences punishable under Sections 302 read with Section 149 of the Indian Penal Code. 3. We have perused the averments made in the application as well as the jail remarks pertaining to the prisoner, which indicate that his conduct in jail is not good. The reason for this appears to be that the prisoner had surrendered late by two days on one of the previous occasions when he was granted temporary bail. 4. After the issuance of Rule on 21.9.2017, Mr. J.K Shah, learned Additional Public Prosecutor, has submitted the Verification Report dated 25.9.2017, under the signature of Shri A.B Thakor, Police Inspector, Kapadwanj Town Police Station along with the statements of printer of the card and a relative, which are taken on record. It transpires from the Verification Report that ‘Khatna’ ceremony of the son of the prisoner has been fixed on 27.9.2017 As per the statement of the printer, he has printed 150 cards for the said ceremony. 5. Taking into consideration the reason stated in the application which appears to be borne out from the material on record, we are inclined to partly grant the prayer made by the applicant. Hence, the following order: The prisoner shall be released on temporary bail for a period of seven 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. 6. Upon expiry of the aforesaid period, the prisoner 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. Direct service is permitted.