(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

1. This is an application at the instance of a convictaccused through his father namely, Kalusinh Khodasinh Mori seeking temporary bail for a period of 30 days on the ground that the sister of the convict by name Hetal is getting married on 09.05.2019. Along with this application an invitation card has been annexed. In the invitation card, it has been shown that Hetal is getting married to a boy by name Ashwin. Pursuant to the Rule issued by us in this application, inquiry was undertaken by the incharge Police Inspector of the Karjan Police Station as regards the genuineness of the ground for temporary bail. R.R. Vaghela, the Head-constable, Karjan Police Station is personally present in the Court today with his report. He informs this Court that there is no such marriage in the family. According to him, an absolutely bogus ground has been raised for the purpose of securing temporary bail and a bogus invitation card is placed on record. In the course of the inquiry, the Head-constable recorded the statement of Kalusinh Khodasinh Mori i.e. the father of the convict. This application seeking temporary bail has been affirmed on oath by Kalusinh Khodasinh Mori. In his statement dated 07.05.2019 recorded by the Head-constable, he has stated as under :

“My name is Kalusinh Khodasinh Parmar, Age 65 Years, Occupation: Labour Work, Residing at: 87, Shantiniketan Society, Juna Bazaar, Karjan, Taluka: Karjan, District: Vadodara. M. No.8347308874. Being asked in person, I dictate that I reside with my family at above-mentioned address and earn my livelihood by doing labour-work. Ranjanben, Sureshand Naresh are my children. You came today at my house. Nareshbhai @ Dholiya has filed an application for bail on the ground of marriage on the basis of wedding card submitted at High Court of Gujarat, I state that, Marriage of Hetalben, daughter of my cousin Dineshbhai Prabhatsinh Parmar has been fixed. Moreover, wedding card showing my house as venue of the said marriage was prepared on 07/5/2019 and bail application was filed, but we got the said wedding card prepared in the printing press at Karjan for Rs.200/- (Two hundred only). Actually, the said Hetalben's marriage is not fixed but the said application was preferred to get my younger son released from the jail in the guise of the said excuse. Considering my old age, it is requested to grant forgiveness. The aforesaid facts are true and correct as per my dictation.Marriage of Hetalben, daughter of my cousin Dineshbhai Prabhatsinh Parmar is fixed and he is going to stay at my home only.”

2. The Head-constable has also recorded the statement of one Sangitaben i.e. the wife of the convict. The statement reads thus :

“07/05/2019 (wife of the applicant) My name is Sangitaben w/o Nareshbhai @ Dholiyo Kalusinh Parmar, age-27, occupation- labour, residing at Shantiniketan Society, Old Bazaar, Karjan, Taluka-Karjan, District- Vadodara. Mobile-8347308874 On being asked personally, I dictate that I reside with my family at aforesaid address. I have an elder daughter namely Shilpa and younger son namely Jaydip. My paternal house is located at Vedaj, Taluka Jambusar, District- Bharuch. My marriage was solemnized before about eight years. Today, you came to my house and interrogated me in connection with an application filed by Naresh @ Dholiya on the basis of wedding invitation card. Therefore, I dictate that, Nareshbhai is my husband. He got the wedding invitation card prepared for the marriage of Hetalben, daughter of my uncle-in-law namely Dineshbhai Prabhatsinh Parmar to be held on 07/05/2019 and submitted the same to be out of jail. But, no occasion has been celebrated at our home today, no mandap has been set up and no guests have arrived. The said fake wedding invitation card was prepared at Karjan. It is true that there is no wedding. These are my facts.”

3. The Head-constable has also recorded the statement of one Kaushalyaben dated 07.05.2019. She