Azaz Hussain Shabbirhusain Binpirsabmiyan Shaikh Thro Nagmabanu Azaz Hussain Shaikh vs Jail Superintendent

B.N. Karia, J

Rule returnable forthwith. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent â€" State of Gujarat.

The present application has been filed by the applicant to release him on temporary bail for a period of 10 days on the ground of performing after

death rituals of applicant's fatherÂ​inÂ​ law.

I have heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondentÂ​State.

Learned advocate for the applicant submits that death of his fatherÂinÂlaw is occurred on 16.05.2021 and for after death ritual and to console family

of his wife his presence is required, therefore, temporary bail may be granted to the applicant.

Learned APP for the respondentÂState has strongly opposed for grant of temporary bail to the present applicant and submitted that applicant is

involved in the serious offence, and therefore, on the ground raised by him to release on temporary bail, no prayer can be granted by this Court.

Hence, it is requested to dismiss this application.

Considering the aforesaid facts and circumstances of the case as well as having heard learned advocates for the respective parties, I am of the

opinion that the application requires consideration and the same is partly allowed.

The applicant shall be released on temporary bail for a period of 7 days from 5.6.2021, on executing personal bond of Rs.5,000/Â (Rupees Five

Thousand only) before the Jail authorities and on usual terms and conditions.

During his release period, the applicant shall mark his presence once before the concerned police station between 9:00 a.m to 4:00 p.m. The applicant

shall surrender to the Jail Authority after completion of temporary release, without fail. During the period of temporary bail, the applicant shall not

abuse the liberty granted to him and shall maintain law and order.

Rule is made absolute to the aforesaid extent.

The Registry is directed to communicate this order to the concerned jail authority by fax or eÂ​mail.