High CourtsSingle Bench(2021) 06 GUJ CK 0030

Dhanjibhai Devsinhbhai Hirpara Through Hirpara Shardaben Dhanjibhai vs State Of Gujarat

Gujarat High Court · Decided on 4 June 2021

HON’BLE JUDGES
B.N. Karia, J
RESULT
Partly Allowed
CASE NUMBER
R/Criminal Misc.Application No. 8933 Of 2021

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Judgment

15 paragraphs · 286 words

B.N. Karia, J

[1] RULE. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent â€" State of Gujarat.

[2] The present application has been filed by the applicant the underÂtrial prisoner to release him on temporary bail on the ground of post death rituals

of his fatherÂ​inÂ​law.

[3] It appears from the order dated 17.5.2021 passed by the learned Additional Sessions Court, in Criminal Misc. Application No.309 of 2021 that for

attaining the post death rituals of his fatherÂ​inÂ​law, the applicant was released on bail for a period of two days with police protection at his own cost.

[4] I have heard the learned advocate for the applicant and learned Public Prosecutor for the respondentÂState as well as considered the averments

made in this application. It also appears from the jail record that earlier whenever the applicant was released on temporary bail, he surrendered in time

to the jail authority.

[5] Considering the aforesaid facts and circumstances of the case, I am of the opinion that the application requires consideration and the same is partly

allowed. The underÂtrial prisoner â€" convict shall be released on temporary bail for a period of two days from the date of his actual release, on

executing personal bond of Rs.5,000/Â (Rupees Five Thousand only) before the Jail authority and on usual terms and conditions. The applicant shall

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

liberty granted to him and shall maintain law and order. Rule is made absolute to the aforesaid extent. Direct service is permitted.

This order be communicated to the applicant in jail by the Registry forthwith.