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2017 DIGILAW 242 (GUJ)

Parshottambhai Dhusabhai Goradiya v. State of Gujarat

2017-01-31

A.J SHASTRI, S.R.BRAHMBHATT

body2017
ORDER : S.R BRAHMBHATT, J. Rule. Mr. Hardik Soni, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State. By consent, Rule is fixed forthwith. 2. The applicant-prisoner has taken out this application seeking temporary bail on account of two marriages in the family. The marriage cards are annexed with the application. 3. Looking to the tenure spent in jail, we initially thought it fit to seek more information in respect of occasion for which temporary bail is prayed for. Hence, on 24.01.2017 this Court adjourned the matter to 30.01.2017, so that learned APP may receive instructions qua occasions mentioned in the Card for which temporary bail is prayed for. On 30.01.2017, learned APP pleaded that he has received no instructions and therefore, he urged the Court to keep the matter on 31.01.2017 and accordingly the matter is kept today. Today, learned APP has once again pleaded “no instruction”. 4. In that view of the matter, we are of the considered view that looking to the fact that on earlier occasion also on account of his father's death, when he was enlarged on bail, he returned in time. When these factors have not been denied and the occasions have already started, we are inclined to enlarge the applicant-prisoner on temporary bail for a period of 5 days from the date of his release, on usual terms and conditions, upon the convict-prisoner executing a personal bond in the sum of Rs. 5000/- (Rs. Five Thousand only) before the jail authority and he shall surrender to the jail authority on expiry of the temporary bail before 5:00 P.M on the following terms and conditions that he shall: (a) not take undue advantage of his liberty or misuse his liberty: (b) not act in a manner injurious to the interest of justice: (c) maintain law and order; 5. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter. 6. As the festivity has already started, it would be most appropriate for the jail authority to see to it that this order is implemented forthwith. 7. Criminal Misc. Application is partly allowed. Rule is made absolute the aforesaid extent. 8. Registry to send this order to the jail authorities for its due compliance by way of appropriate method including Fax.