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Judgment
Nisha M. Thakore, J
Issue Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State.
Learned advocate Ms. Jadeja has mainly placed reliance upon the averments made in the application. It was submitted that though the trial court has partly allowed the application for temporary bail, it has been granted only for limited days i.e. on 14.05.2024 from 10:00 a.m. till 6:00 p.m. On 15. 05.2024, the trial court has further imposed condition of deposit of Rs.20,000/- and Rs.40,000/- surety. It was further submitted that the rituals are likely to continue beyond 6:00 p.m. on 15.05.2024 and the applicant would be required to attend the rituals. However, the applicant would be required to travel from Morbi Sub-Jail to Rajkot Kabristan which almost cover distance of 70 kilometers.
Learned Additional Public Prosecutor Mr. H.K. Patel had vehemently objected to prayer sought for. The reliance was placed on the order of trial court. It was submitted that upon appreciation of record, the learned Judge has rightly imposed condition.
Considering the submissions made by learned advocate for the applicant, the application deserves consideration. I have perused the record as well as the order passed by the trial court. Noticing the fact that after death rituals of the grandmother of the applicant has been scheduled on 14. 05.2024 and Chalisma ceremony is fixed on 15.05.2024, the applicant as directed by the trial court be released on 14. 05.2024; however, the applicant is permitted to surrender on 16.05.2024 subject to deposit of an amount of Rs.20,000/-as surety to the concerned authority. The order of trial court stand modified in aforesaid terms. Direct service today is permitted.