Gujarat High Court
Dilipbhai Ranchhodbhai Patel ... vs State Of Gujarat & on 8 December, 2016
Bench: S.R.Brahmbhatt, A.J. Shastri
R/CR.MA/32699/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 32699
of 2016
In
CRIMINAL APPEAL NO. 749 of 2012
======================================
DILIPBHAI RANCHHODBHAI PATEL THRORAKSHABEN DILIPBHAI
PATEL....Applicant
Versus
STATE OF GUJARAT & 1....Respondents
======================================
Appearance:
MS. MAYURI P CHAUHAN, ADVOCATE for the Applicant
MR. L. R. POOJARI, APP for the Respondent No. 1
======================================
CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 08/12/2016
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)
1. Rule. Mr. L. R. Poojari, learned APP waives service of notice of rule on behalf of respondent - State. By consent, Rule is fixed forthwith.
2. The convict - prisoner has takenout this application for seeking temporary bail for attending "Tonsure Ceremony" of his grandson (daughter's son) which is fixed on 11th December 2016 and the prerituals will be started from 10th December 2016 and his presence is required. Further, looking to the invitation card, it transpires that the ceremony is going to start from 10th December 2016 and "Tonsure Ceremony" is on 11th December 2016. Looking to the jailremark sheet, Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Dec 09 00:07:15 IST 2016 R/CR.MA/32699/2016 ORDER it appears that earlier when the convict - prisoner was released on bail, he has reported in time on each and every occasion.
3. We are therefore, of the view that this is a case in which the discretion is required to be exercised in favour of the convict - prisoner for enlarging him on temporary bail for attending "Tonsure Ceremony"
of his grandson (daughter's son) which is fixed on 11 th December 2016. Hence, the convict - prisoner is ordered to be released on temporary bail for the period of 07 days from the date of his actual release, on usual terms and conditions, upon the convict - prisoner executing a personal bond in the sum of Rs.5,000/ (Rupees Five Thousand only) before the Jail Authority and he shall surrender to the Jail Authority on expiry of the temporary bail before 5:00 p.m. on the following terms and conditions that he shall :
(a) not take undue advantage of his liberty or misuse his liberty ;
(b) not act in a manner injurious to the interest of justice ;
(c) maintain law and order ;
4. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
5. Application is partly allowed. Rule made absolute to the aforesaid extent. Direct service permitted today.
(S.R.BRAHMBHATT, J.) (A.J. SHASTRI, J.) Rathod...
Page 2 of 2HC-NIC Page 2 of 2 Created On Fri Dec 09 00:07:15 IST 2016