Gujarat High Court
Bhala vs State on 26 September, 2008
Author: C.K.Buch
Bench: C.K.Buch
Gujarat High Court Case Information System
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CR.MA/1212120/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12121 of 2008
In
CRIMINAL
APPEAL No. 1359 of 2007
==================================================
BHALA
@ BHALAJI @ BHALIYO VALAMJIBHAI - Applicant
Versus
STATE
OF GUJARAT AND ANOTHER - Respondents
==================================================Appearance
:
THROUGH JAIL for the
Applicant.
MR AJ DESAI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondents.
==================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 26/09/2008
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE C.K.BUCH)
1. This is an application received through jail for temporary bail by the applicant-convict. We have heard learned Additional Public Prosecutor Mr. A. J. Desai for the respondents. RULE. Learned Additional Public Prosecutor Mr. Desai waives service of Rule on behalf of the respondents.
2. At present, the applicant is undergoing sentence of life imprisonment for the offences punishable under Sections 302 and 376 of the Indian Penal Code. According to the applicant, his father expired in recent past i.e. on 18-08-2008. He could not participate in the funeral ceremony. However, the intention of the applicant is to participate in last socio-religious rituals. It is, therefore, submitted by the applicant that he may be granted temporary bail for a period of 21 days.
3. According to the learned Additional Public Prosecutor Mr. A. J. Desai, if temporary bail for 15 days is granted, it would just and proper, but considering the nature of offences proved against the applicant, he should be directed to mark his presence at the concerned police station i.e. Malpur Police Station on appropriate dates.
4. Having considered the contents of the application as well as the submissions of learned Additional Public Prosecutor Mr. Desai for the respondents, we are of the view that the applicant deserves to be enlarged on temporary bail.
5. For the foregoing reasons, the application is allowed. The applicant is ordered to be released on temporary bail on 30-09-2008 for 15 days on his furnishing personal bond of Rs. 5000/- before the jail authorities. He shall mark his presence at Malpur Police Station on 04-10-2008, 07-10-2008 and 10-10-2008 during any time between 9.30 AM and 4.30 PM. He shall not leave the Sabarkantha District during this period and surrender before the jail authorities directly without any formal orders on 16th day from the date of his release.
6. Rule is made absolute in above terms. The application stands disposed of accordingly.
[C. K. BUCH, J.] [H. B. ANTANI, J.] /shamnath Top