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Judgment
21 paragraphs · 371 wordsB.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 45 days on the ground of engaging advocate of
his choice and carrying out agricultural activities.
I have heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondentÂState.
Learned advocate for the applicant submits that applicant is a bread winner of his family and there is no other male member, except his two sons and
a daughter who are students in his family while his wife is not well and is suffering from ailments and is in post operative rest and therefore, presence
of the applicant is required for engaging lawyer of his choice and carrying out agricultural activities, and thus, 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 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 one week 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.
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 eÂmail.