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2017 DIGILAW 269 (GUJ)

Mukesh Surabhai Solanki v. State of Gujarat & 1

2017-02-02

A.J SHASTRI, S.R.BRAHMBHATT

body2017
Order : S.R BRAHMBHATT, J. On 1st February 2017 the Court passed the following order. The applicant has taken-out this application through jail seeking temporary bail on account of his own daughter's marriage, functions whereof are starting from 4th February 2017 till 5th February 2017. The jail remark-sheet contains facts, which would ordinarily not weigh in favour of the applicant. However, as it was applicant's own daughter's marriage, the Court in fact called-upon the learned APP to make suitable inquiries and hence, the matter was adjourned to 25th January 2017 The report, which has been received and placed on record though not very much in favour of release of the applicant on temporary bail on account of likelihood of law and order situation being jeopardized, this Court on 30th January 2017 passed the following order and kept the matter today, as it was applicant's own daughter's marriage, the Court thought it fit to make proper orders for enabling the applicant to bestow his blessings on the daughter on the date of marriage so he could be taken under ‘Police Japta’ to attend the marriage of his daughter. “Learned APP has placed on record the report along with the statement which is not much in favour of the applicant. However, looking to the fact that the applicant's own daughter's marriage is slatted to be solemnized on 5th February 2017, we request the learned APP to ascertain from the jail authorities that whether it would be feasible for the jail authorities to arrange his journey and presence in the marriage under the ‘Police Japta’ at the State's cost. As the fact remains to be noted that the applicant has already put more than 6 years in jail with only one stray incident of jumping the parole leave for 18 days and required to be nabbed by the police. S. O. to 1st February 2017” Today, the learned APP for the respondent - State submitted that no instructions have been received. In that view of the matter, we are inclined to adjourn this matter to 2nd February 2017 with a specific observation that in case if no instructions are received, the Court would pass order taking the prisoner to the place of marriage under ‘Police Japta’ on State's cost. Put-up on 2nd February 2017. 2. Today, Ms. In that view of the matter, we are inclined to adjourn this matter to 2nd February 2017 with a specific observation that in case if no instructions are received, the Court would pass order taking the prisoner to the place of marriage under ‘Police Japta’ on State's cost. Put-up on 2nd February 2017. 2. Today, Ms. Hansa B. Punani, learned APP appearing for the respondent - State submitted that the Court may pass appropriate order. 3. The Court has reproduced the earlier order, which in itself sufficient to explain the exigency in which the Court had shown inclination for directing the authorities to take the prisoner-applicant under ‘Police Japta’ so that he can attend the marriage of his own daughter. Today, what is being submitted by the learned APP is nothing but repetition of earlier submission. 4. In that view of the matter, when the applicant's own daughter is getting married, though the history is not quite encouraging we are inclined to order the concerned authorities to see to it that the applicant is taken under ‘Police Japta’ on the date of the marriage so that he can attend the marriage i.e. the crucial and vital ritual ceremony of “Hast-Melap”. Thereafter, he may be brought back to the jail. This is to be provided at the State's costs. In other words, it is not to be charged from the applicant, as the Court has not granted him any temporary bail. It is only an order for taking him to attend the crucial rituals in the marriage ceremony i.e. “Hast-Melap”. 5. The office is directed to communicate this order to the Jail Authorities, Rajkot immediately for its compliance. Learned APP for the respondent - State is also requested to communicate this order and explain them what is the purport of the order. 6. Ordinarily, ‘Police Japta’ is not to be provided at the State's cost, but here looking to the occasion and the condition pleaded, we are inclined to see to it that the prisoner - applicant is enable to attend some of the ceremony i.e. “Hast-Melap” in the marriage of his own daughter and for that purpose without granting him temporary bail, it is ordered that he will be taken to attend the marriage of his daughter under ‘Police Japta’ and brought back after the “Hast-Melap” ceremony is over. The cost is to be charged to the concerned department.