Gujarat High Court
Salimbhai Nabibhai Kalal Through ... vs State Of Gujarat & on 21 August, 2017
Author: Abhilasha Kumari
Bench: Abhilasha Kumari, A.J. Shastri
R/CR.MA/18902/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION
(FOR TEMPORARY BAIL)
NO. 18902 of 2017
In
CRIMINAL APPEAL NO. 1510 of 2016
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SALIMBHAI NABIBHAI KALAL THROUGH SALMABIBI SALIMBHAI
KALAL....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR HARSHIT M KARATHIA, ADVOCATE for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 21/08/2017
ORAL ORDER
(PER : HONOURABLE SMT. JUSTICE ABHILASHA KUMARI)
1. Rule. Mr.Ronak Raval, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State.
2. This application has been preferred by Salmabibi Page 1 of 4 HC-NIC Page 1 of 4 Created On Fri Aug 25 08:36:09 IST 2017 R/CR.MA/18902/2017 ORDER Salimbhai Kalal, wife of the prisoner, with a prayer to release the prisoner on temporary bail for a period of 15 days on the ground that the house of the applicant and his family is in a very bad condition and requires immediate repairs, otherwise the family members would be required to vacate the house during the monsoon season and would be on the footpath.
3. Heard Mr.Harshit M. Karathia, learned advocate for the applicant and Mr.Ronak Raval, learned Additional Public Prosecutor for the respondent State.
4. On 28.07.2017 this Court had issued rule making it returnable on 10.08.2017. On the returnable date, at the request of Mr.Ronak Raval, learned Additional Public Prosecutor, the application was directed to be listed on 21.08.2017.
5. Today when the application is taken up, Mr.Ronak Raval, learned Additional Public Prosecutor has submitted a verification report dated 12.08.2017 under the signature of Police Sub Inspector, Kadi Police Station wherein, after verification, it is stated that the house of the prisoner is in a dilapidated condition and requires repairs. It is further stated that the verification regarding the condition of the house was done in the presence of panchas and the panchnama of the Page 2 of 4 HC-NIC Page 2 of 4 Created On Fri Aug 25 08:36:09 IST 2017 R/CR.MA/18902/2017 ORDER house has been drawn. Coloured photographs have also been taken which have been shown to us. The verification report submitted by the PSI, Kadi Police Station and the coloured photographs of the house are taken on record.
6. The prisoner is undergoing life imprisonment in connection with offences punishable under Section 302 read with Section 34 of the Indian Penal Code and Section 135 of the Gujarat Police Act. The jail remarks pertaining to the applicant indicate that conduct of the prisoner in jail is good and on the previous occasions when he was released on temporary bail he has surrendered on time.
7. From the reasons stated in application as well as the verification report, it appears that the house of the prisoner is, indeed, in dire need of repairs and the reason stated in the application appears to be a genuine one. We, therefore, consider it appropriate to grant the prayer made in the application.
8. Hence, we pass the following order:
The prisoner is directed to be released on temporary bail for a period of 15 days upon furnishing a personal bond of Rs.5,000/- (Rupees Five Thousand only) and Page 3 of 4 HC-NIC Page 3 of 4 Created On Fri Aug 25 08:36:09 IST 2017 R/CR.MA/18902/2017 ORDER upon the usual terms and conditions, to the satisfaction of the concerned Jail authority.
Upon expiry of the aforesaid period, the prisoner shall surrender before the concerned Jail authority forthwith.
9. The application is allowed, in the above terms. Rule is made absolute to the above extent.
Direct service of this order is permitted.
(SMT. ABHILASHA KUMARI, J.) (A.J. SHASTRI, J.) Amit Page 4 of 4 HC-NIC Page 4 of 4 Created On Fri Aug 25 08:36:09 IST 2017