High CourtsDivision Bench

Bhayabhai Sadabhai Sohla vs Jail Superintendent

Gujarat High Court · Decided on 3 February 2021 · Citation: (2021) 02 GUJ CK 0059

HON’BLE JUDGES
A.J.Desai, J · A.C. Rao, J
CASE NUMBER
Criminal Misc.Application (Temporary Bail) No. 3 Of 2021 In R/Criminal Appeal No. 1300 Of 2018

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Judgment

16 paragraphs · 304 words

A.J.Desai, J

1.

Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent â€" State.

2.

By way of the present application preferred through Jail, the applicant â€" convict has prayed to release him on temporary bail on the ground of

documentation and taking possession of house.

3.

We have gone through the Jail record of the convict and perused the documents produced along with the application as well as considered the

averments made in this application. The applicant is convicted mainly for the offence punishable under Section 302 of the Indian Penal Code and

ordered to undergo life imprisonment. As per Jail record, he has undergone sentence of about 8 years and 2 months. We have also considered the fact

that in past, he was released on temporary bail and he has surrendered in time. His jail conduct is found to be good.

4.

Considering the aforesaid facts and circumstances of the case and looking to the jail record of the convict, we are of the opinion that the application

requires consideration and the same is allowed. The convict shall be released on temporary bail for a period of two weeks from the date of his actual

release, on executing personal bond of Rs.10,000/- (Rupees Ten Thousand) before the Jail authority and on usual terms and conditions as may be

imposed by the Jail Authority. The applicant convict to surrender before Jail Authority on completion of temporary bail, without fail. Rule is made

absolute to the aforesaid extent.

5.

After the completion of temporary bail period, the Jail Authorities shall admit the applicant in jail after strictly following the Circular dated

03.06.2020 relating to COVID-19 issued by the Superintendent of Jail, Ahmedabad.

Registry is directed to communicate this order to the concerned Jail Authority by fax / email message forthwith.