Gujarat High Court
Vishnubhai Bakulbhai Rathod vs State Of Gujarat on 7 January, 2019
Author: J. B. Pardiwala
Bench: J.B.Pardiwala, A.C. Rao
R/CR.A/1303/2018 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 1 of 2019
IN R/CRIMINAL APPEAL NO. 1303 of 2018
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VISHNUBHAI BAKULBHAI RATHOD Versus JAIL SUPERINTENDENT ========================================================== Appearance:
THROUGH JAIL for the PETITIONER(s) No. for the RESPONDENT(s) No. MR RONAK RAVAL, APP for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR.JUSTICE A.C. RAO Date : 07/01/2019 IA ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1 Rule returnable forthwith. Mr. Ronak Raval, the learned A.P.P. waives service of notice of rule for and on behalf of the respondents.
2 This is an application at the instance of a convict - accused with a prayer for temporary bail on the ground that he wants to withdraw the amount towards the provident fund from the concerned office. It appears from the materials on record that the applicant herein was serving with the Dharampur Nagarpalika. Sometime in the year 2015, the offence took place. He came to be convicted by the Trial Court for the offence of murder in the Sessions Case No.26 of 2016. He has preferred the Criminal Appeal No.1303 of 2018 before this Court against the judgment and order of conviction passed by the Trial Court. According to him, his personal presence is required at the concerned office for the purpose of completing formality for withdrawing the provident fund amount.Page 1 of 2
R/CR.A/1303/2018 IA ORDER 3 Having heard the learned A.P.P. appearing for the State and having
gone through the averments made in the application forwarded by the convict through jail, we are persuaded to release the applicant - convict on temporary bail for the period between 15th January 2019 and 20th January 2019, on the applicant executing a bond of Rs.5,000=00 to the satisfaction of the concerned authority, and subject to the conditions that he shall;
[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 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 address.
[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. and 2.00 p.m. 4 As we have thought fit to release the applicant - convict on temporary bail, the substantive order of sentence imposed by the Trial Court shall remain suspended during the period of temporary bail.
5 The applicant convict shall surrender before the jail authority on or before the expiry of the temporary bail period, without fail.
6 Rule is made absolute to the aforesaid extent.
7 The Registry is directed to send a copy of this order to the concerned jail authority forthwith.
(J. B. PARDIWALA, J) (A. C. RAO, J) CHANDRESH Page 2 of 2