Gujarat High Court
Mohammad Aslam @ Aslam Vakil Shukrullah ... vs State Of on 27 November, 2013
Author: C.L. Soni
Bench: C.L. Soni
MOHAMMAD ASLAM @ ASLAM VAKIL SHUKRULLAH SHAIKH - THRO' ZUBEDAKHATUN SHAIKH....Applicant(s)V/SSTATE OF GUJARAT....Respondent(s) R/CR.MA/18067/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 18067 of 2013 =========================================================== MOHAMMAD ASLAM @ ASLAM VAKIL SHUKRULLAH SHAIKH - THRO' ZUBEDAKHATUN SHAIKH....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ================================================================ Appearance: PARTY-IN-PERSON, PERSONAL CAPACITY for the Applicant(s) No. 1 MS MONALI BHATT, ADD PUBLIC PROSECUTOR for the Respondent MR AMIR PATHAN, ADVOCATE, for the Complainant ================================================================ CORAM: HONOURABLE MR.JUSTICE C.L. SONI Date : 27/11/2013 ORAL ORDER
1. RULE.
Learned Additional Public Prosecutor Ms. Monali Bhatt waives service of Rule on behalf of the respondent- State.
2. The wife of the under-trial prisoner has taken out this application seeking release of the under-trial prisoner for 30 days on the ground that ceremony for newly born child of the daughter of the under-trial prisoner is scheduled between 29th November 2013 to 1st December 2013 as per the invitation card produced with the application.
3. Learned Additional Public Prosecutor Ms. Monali Bhatt submitted that for such ceremony, presence of the under-trial prisoner, who is just maternal grandfather of the newly born child is not necessary. Ms. Bhatt submitted that the Court below has rejected the application of the under-trial prisoner on the ground that the date fixed earlier for such occasion was extended and the presence of the applicant for such occasion is not required. She thus urged to the reject the application.
4. Learned advocate Mr. Amir Pathan appearing for the complainant that the occasion is very small and the presence of the applicant, who is maternal grandfather, is not required. He thus urged to reject the application.
5. Having heard learned advocate for the parties and having considered the invitation card for the ceremony for the newly born child for the period between 29th November 2013 to 1st December 2013, the Court is of the view that the under-trial prisoner, named Mohammad Aslam, could be released on temporary bail with effect from 28th November 2013 to 2nd December 2013.
6. Hence, the application is partly allowed. The under-trial prisoner, named Mohammad Aslam, is hereby ordered to be released on temporary bail from 28th November 2013 to 2nd December 2013 on executing of personal bond of 10,000/- (Rupees Ten Thousand Only) to the satisfaction of the concerned Authority with one surety of the like amount. The under-trial prisoner shall report to Madhavpura Police Station on alternate day during the bail period. The under-trial prisoner shall surrender to the jail authority on 3rd December 2013.
7. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(C.L. SONI, J.) omkar Page 2 of 2