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Judgment
Ashutosh J. Shastri , J
RULE. Mr. J.K. Shah, learned Additional Public Prosecutor waives service of rule on behalf of the respondent â€" State.
The present application is filed for the purpose of seeking temporary bail in connection with FIR being C.R. No. I-22 of 2018 registered with Bilkha
Police Station, District : Junagadh for the offences punishable under Section 302, 386, 387, 452, 323, 504, 506(2) of the Indian Penal Code and Section
135 of the Gujarat Police Act.
Mr.Nipul Gondaliya, learned advocate for the applicant has submitted that there are mainly two reasons for which, the present application is submitted,
firstly, there is a dire need to repair the house, which work is half left out and further more, his son has expired on 26.08.2019, whose post death
ceremony, after a lapse of one year is to be organized. Therefore, considering these circumstances, a request is made for grant of temporary bail.
Additionally, Mr. Gondaliya, has submitted that when on previous occasion, the applicant was enlarged on temporary bail, he has not misused the
liberty. A reference is made to an order dated 14.09.2019, attached to page 10 of this application. Hence, requested for release for some days.
As against this, Mr.Mitesh Amin, learned Public Prosecutor with Mr. J.K. Shah, learned Additional Public Proseuctor for the respondent â€" State has
submitted that the applicant is arraigned in a serious offence and as such no case is made out. However, he has not disputed the fact that in previous
occasion, when the applicant was released, in any form, the applicant has not misused the liberty and, hence, left it to the discretion of the Court.
Having heard the learned advocates appearing for the respective parties and having considered the material on record, the applicant is ordered to be
released on temporary bail for a period of ten days from the date of his release on his furnishing a bail bond of Rs.5,000/- to the satisfaction of the jail
authority on usual terms and conditions. The applicant shall surrender before the jail authority on expiry of the temporary bail.
This application is partly allowed. Rule is made absolute to the aforesaid extent.
The Registry is directed to communicate this order by fax or e-mail to the jail authority.