Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1712 (GUJ)

Nainesh@Naresh Kesaji Parmar v. State of Gujarat

2017-10-03

A.J.SHASTRI, ABHILASHA KUMARI

body2017
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 application dated 12.09.2017 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 make arrangements for the sustenance and livelihood of his family members and to provide with the necessities of life such as essential commodities and clothes. 3. The applicant is undergoing life imprisonment in connection with the offences punishable under Sections-498(A) and 302 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 not good. The reason for this appears to be that on one occasion the applicant was absconding for a period of ninety-eights after his release on Parole in the year 2014 for which he has already received Jail punishment. The other reason appears to be that on previous occasion in the year 2015 when his personal search was conducted, Rs. 500/- note was found on his person for which misdemeanor as well he has received Jail punishment. 5. Subsequent to that the applicant was released on temporary bail in the month of May, 2017 and he has surrendered on time. 6. Taking into consideration the reason stated in the application, we are inclined to partly-grant the prayers made by the applicant. 7. 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. Upon expiry of the aforesaid period, the applicant shall surrender before the concerned Jail authority forthwith. 8. The application is partly-allowed, in the above terms. Rule is made absolute, to the above extent.