Rukshanaben D/o Osman @ Gani Lohar v. State of Gujarat
2017-11-20
A.G.URAIZEE, ANANT S.DAVE
body2017
DigiLaw.ai
ORDER : ANANT S. DAVE, J. Heard Ms. Shruti S. Pathak, learned Additional Public Prosecutor for the respondent-State. 2. Apropos to the order dated 3.11.2017, affidavit-in-reply dated 15.11.2017 is filed by Police Inspector, Anjaar Police Station with two annexures namely, panchnama of arrest and date of birth certificate of the accused applicant/original accused. As per the affidavit, the record reveals that the date of birth of the applicant is 25.5.1993 as recorded by Chief Officer of Anjaar Municipality issued under Registration of Birth and Death Act, 1969. The above certificate of birth along with arrest panchnama of the accused reveal that on the date of offence that is on 5.3.2012, the applicant-accused herein had completed 18 years. It appears that due to inadvertence in the xerox copy of warrant of commitment issued on 6.2.2016 by learned Additional Sessions Judge, the age of the applicant was shown as 19 years which created doubt in our mind of correctness and genesis and date of birth of the applicant and even jail remarks. Now, in view of the affidavit filed by Police Inspector, Anjaar, no further probe is necessary and we consider the application for temporary bail on the ground for which it is preferred. 3. According to the applicant, a female life-convict, likelihood of her marriage with one Wasim so fixed by her parents for which her presence is necessary and no details as such appears but at the same time jail remarks of the convict are satisfactory and earlier whenever she was considered for temporary bail and furlough leave reported to jail authority in time, by believing the case of the applicant-convict, we are inclined to grant 15 (Fifteen) days of temporary bail from the date of release by imposing conditions on the convict executing a personal bond in the sum of Rs. 2,000/- (Rupees two thousand only) before the jail authority. The applicant shall mark her presence before the nearest police station once in a week during this period. She shall surrender before the jail authority immediately after the aforesaid period is over. 4. Application is allowed. 5. However, it is made clear that if no ‘Nikaah’ ceremony is performed by the applicant-convict, she should report to the jail authority on completion of 07 (seven) days of temporary bail. 6. Learned APP may convey this order to the jail authority forthwith.