Gujarat High Court
Rahul @ Bablu @ Babu Sureshbhai Nagardas ... vs State Of Gujarat on 30 November, 2018
Author: K.M.Thaker
Bench: K.M.Thaker
R/CR.A/1704/2013 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 5 of 2018
IN R/CRIMINAL APPEAL NO. 1704 of 2013
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PANCHAL RAHUL @ BABLU @ BABU SURESHBHAI THRO PINALBEN JINESHKUMAR BHAVSAR Versus JAIL SUPERINTENDENT ========================================================== Appearance:
MS KD PARMAR for the PETITIONER(s) No. for the RESPONDENT(s) No. MS. MONALI H. BHATT, APP for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE K.M.THAKER and HONOURABLE MR.JUSTICE V. B. MAYANI Date : 30/11/2018 IA ORDER (PER : HONOURABLE MR.JUSTICE K.M.THAKER)
1. Heard ms. Monali Bhatt, learned APP.
2. Rule, returnable forthwith. Learned APP has waived service of Rule.
3. The applicant is convicted in Sessions case No. 47/2011 for offence punishable under Section 302 of the IPC and is sentenced to undergo life imprisonment. He has submitted this application, through jail, and requested for temporary release/bail on the ground that his mother has undergone surgery on 29.11.2018.Page 1 of 3
R/CR.A/1704/2013 IA ORDER
4. We have gone through the application and the details/ reasons mentioned in the application.
5. We have also considered the jail record and remarks, submitted by learned APP. The jail record and remarks reflect that the applicant was released in May, 2017 to attend his mother's treatment.
6. Having regard to the reason for which temporary bail is requested for and upon considering the jail record, we are convinced that the application - request deserves to be granted partly. We, therefore, order that:
7. The applicant be released on temporary bail/ for 07 days on usual conditions and on his executing - furnishing personal bond to the satisfaction of jail authority in the sum of Rs.
5,000/(Rupees Five thousand only) with one surety of like amount to the satisfaction of the jail authority and also on the condition that :
[a] not take undue advantage of or abuse the liberty.
[b] not act in manner injurious to the interest of the prosecution.
[c] not, in any manner, tamper with the evidence and/or induce or influence any witness or Page 2 of 3 R/CR.A/1704/2013 IA ORDER complainant or any person connected with the case or acquainted with the facts of case and shall maintain law and order and shall furnish his addreas.
[d] if he is holding passport and if he has not surrendered the passport, he shall surrender the passport.
[e] mark his presence at the concerned Police Station on alternative day between 11:00 a.m. to 2:00 p.m.
8. The applicant shall surrender before the jail authority on or before the expiry of the temporary bail period, without fail.
9. The bond with surety to be submitted before the jail authority.
Accordingly the application is partly allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(K.M.THAKER, J) (V. B. MAYANI, J) saj Page 3 of 3