Imtiyazali Khursheedali Shaikh v. State of Gujarat
2017-10-03
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 for the respondents. 2. This undated application which has been received by the Jail authority on 15.09.2017, 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 provide financial assistance and means of sustenance to his family members, who are stated to be in difficulty. The applicant has also stated that his presence is required to repay the debts that have accumulated on the family. 3. The applicant is undergoing twenty years imprisonment in connection with the offences punishable under Sections-376(D), 114, 323, 452 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. Though the applicant has served three years, six months and twenty-eight days of sentence, he does not appear to have been released on temporary bail so far. The applicant has availed of fourteen days Furlough on one occasion and 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 prayers made by the applicant. 6. Hence, the following order is passed: The applicant is ordered to be enlarged 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. The applicant shall mark his presence before the Vatava Police Station on the first and last day of the temporary bail. Upon 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 above extent.