Gujarat High Court
Lalabhai Punambhai Beldar vs State Of Gujarat & on 13 October, 2017
Author: Abhilasha Kumari
Bench: Abhilasha Kumari, A.J. Shastri
R/CR.MA/25589/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 25589 of
2017
In CRIMINAL APPEAL NO. 1344 of 2014
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LALABHAI PUNAMBHAI BELDAR....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 13/10/2017
ORAL ORDER
(PER : HONOURABLE SMT. JUSTICE ABHILASHA KUMARI)
1. Rule. Mr.J.K.Shah, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of respondent - State.
2. This application dated 9.10.2017 has been preferred by the applicant, through jail, with a prayer to enlarge him temporary bail for a period of thirty days, in order to attend the Tonsure (Babari) Page 1 of 3 HC-NIC Page 1 of 3 Created On Fri Oct 13 23:41:39 IST 2017 R/CR.MA/25589/2017 ORDER ceremony of his nephew which is scheduled to be held on 16.10.2017.
3. The applicant is undergoing life imprisonment for the offences punishable under Sections 302, 323, 324 and 325 of the Indian Penal Code.
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 not good. The reason for this appears to be that on two occasions when the applicant was released on temporary bail, he has surrendered late by one day and on the third occasion, he has surrendered by two days, for which the applicant has received jail punishment for the said misdemeanor.
5. Taking into consideration the reason stated in the application, we are inclined to partlygrant the prayer made by the applicant. Hence, the following order :
The applicant is directed to be released on temporary bail for a period of fifteen days upon Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri Oct 13 23:41:39 IST 2017 R/CR.MA/25589/2017 ORDER furnishing 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.
6. The application is allowed, in the above terms. Rule is made absolute to the above extent.
7. The Registry to send a copy of this order through fax message to the concerned jail authority, forthwith.
(SMT. ABHILASHA KUMARI, J.) (A.J. SHASTRI, J.) vipul Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Oct 13 23:41:39 IST 2017