JUDGMENT : B.N. Karia, J.:-- 1. Present criminal appeal has been preferred by the appellant seeking temporary bail for a period of 30 days on the ground to attend the marriage ceremony of his sister. 2. Heard learned advocate appearing for the appellant and learned A.P.P. for the respondent-State. 3. It is submitted by learned advocate appearing for the appellant that marriage of applicant's sister is fixed on 17.02.2022 and the functions will start from 16.02.2022, therefore presence of appellant is required for arranging the fund of marriage. It is further submitted that health of appellant's father is not well and appellant's brother is residing separately after his marriage. Therefore as being responsible person in family and as being brother his presence is very much required. Hence, it is requested by learned advocate appearing for the appellant to allow present criminal appeal. 4. Learned APP for the respondent-State has strongly opposed for grant of temporary bail to the present appellant and submitted that appellant is involved in serious offence and therefore, on the ground raised by him to release on temporary bail, no prayer can be granted by this Court. Hence, it is requested to dismiss this criminal appeal. 5. Having heard the submissions made by learned advocate appearing for the appellant and learned APP appearing for the respondent-State, it appears that offence was registered with Thanagadh Police Station, Surendranagar being C.R. No. I-29 of 2018 under Sections 395, 397, 341, 325, 323, 504 and 506(2) of the Indian Penal Code and Sections 3(1)(R) (S), 3(2)(5) (A), 3, 2 and 5 of the Atrocity Act. It also appears that one offence is also registered against the present appellant with Thanagadh Police Station, Surendranagar vide C.R. No. I-35 of 2019 for the offence punishable under Sections 302, 307, 504, 506(2), 120(B), 114 of the Indian Penal Code and Sections 25(1)(B)(A) and 27 of the Arms Act; Section 135 of the G.P. Act as well as Section 3(2)(v) of Atrocity Act. 6.
6. It further appears that appellant had approached trial court to release him on temporary bail but vide order dated 25.01.2022, said application was rejected by the learned Trial Court wherein it was observed that looking to the submissions made by the applicant and affidavit filed by the Investigating officer in that application, it appears that applicant has father, brother and entire family and thus, no presence of the present applicant is required to attain the marriage and by considering the criminal mentality of the accused, learned Trial Court has rejected the request of the applicant to release him on temporary bail. It further appears from the conclusion arrived at by the learned Trial Court in the application of the applicant, that there are no circumstances or position so that the marriage ceremony of the sister of the applicant is restrained in absence of the appellant not only that while considering the police report produced before the learned Trial Court, Trial Court has observed that there are other 9 offences are registered against the present appellant and learned Trial Court has expressed an apprehension that if the appellant is released on temporary bail, the possibility of not surrendering in time cannot be denied. Learned Trial Court has observed in the order that the ground raised by the applicant for making arrangement of fund cannot be believable because in short time of period it is not possible for anyone to make arrangement about fund of marriage of his sister. 7. Considering the aforesaid facts and circumstances of the case as well as submissions made by learned advocate appearing for the appellant as well as learned APP appearing for the respondent-State, it appears that if the appellant is released on bail, there is a possibility that he will not surrender within time before the jail authorities and considering the findings arrived at by the learned Trial Court, this Court deems it not fit to accept the prayer made by the appellant. 8. In view of the aforesaid facts and circumstances of the case, I am not inclined to use judicial discretion in favour of the appellant to release him on temporary bail. Hence, the application is dismissed. Notice stands discharged. 9. Registry is directed to send a copy of this order to concerned Jail Authority through e-mail or fax forthwith.