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2017 Supreme(Guj) 1614

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Abhilasha Kumari, A.J. Shastri, JJ.
Fakirbhai Somabhai Devipujak – Applicant
Vs.
State of Gujarat & Ors. – Respondents
Criminal Misc. Application (For Temporary Bail) No. 24427 of 2017, In Criminal Appeal No. 1531 of 2016
Decided On : 03-10-2017

Advocates Appeared:
For the Respondents: Mr. J.K. Shah, Addl. Public Prosecutor

Headnote:

Indian Penal Code, 1860 – Sections-302 and 114 – Temporary bail – Application has been preferred by applicant through Jail, with a prayer to enlarge him on temporary bail for a period of thirty days in order to get his wife treated for her eye problem – Held, Court is inclined to partly-grant the prayers made by the applicant – Applicant is ordered to be enlarged on temporary bail for a period of ten days on furnishing a personal bond and upon usual terms and conditions, to satisfaction of the concerned Jail authority – Application Partly-Allowed (Paras 5, 6, 7)

ORDER :

ABHILASHA KUMARI, J.

1. Rule. Mr. J.K Shah, learned Additional Public Prosecutor waives service of notice of Rule for the respondents.

2. This application dated 21.09.2017 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 get his wife treated for her eye problem.

3. The applicant is undergoing life imprisonment in connection with the offences punishable under Sections-302 and 114 of the Indian Penal Code, 1860.

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 good and on the previous occasion when he was released on temporary bail he has surrendered on time.

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.

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