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2017 DIGILAW 1714 (GUJ)

Mangilal Dhupchand Jain v. State of Gujarat

2017-10-03

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 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 obtain the “GST number” for the shop of his ownership. It is stated in the application that the applicant's wife is sitting in the said shop and doing business of “Kirana” (Provisions). She is not competent enough to obtain the “GST number”, hence, his presence would be necessary. 3. The applicant is undergoing ten years imprisonment in connection with the offences punishable under Sections-307 read with 149, 449, 435, 436, 452, 147, 148, 295, 153(A)(1)(a)(b), 143, 186, 447 and 188 of the Indian Penal Code, 1860 and Section-135(1) of the Gujarat Police Act, 1951. 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 surrendered late by two days when he was enlarged on temporary bail. For this misdemeanor the Jail punishment is still pending. 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. 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.