AI Structured Summary
Not yet generated for this judgment
Judgment
Nikhil S. Kariel, J
Heard learned Advocate Mr. Gajendra Baghel on behalf of the appellant and learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondents no. 1 and 3. Though served none appears on behalf of respondent no.2.
The present appeal has been filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 and Section 439 of the Code of Criminal Procedure, 1973 by the appellant- undertrial prisoner for being released on temporary bail in connection with the FIR No. 11210056201449 of 2020 registered with Dindoli Police Station, Surat, for offences punishable under Sections 302, 395, 324, 324, 326, 143, 144, 147, 148, 149, 269, 120B, 201, 188 of the Indian Penal Code, Section 135 of the Gujarat Police Act, Section 3 of the Epidemic Diseases Act and under Sections 3(2)(5) and 3(2)(5-A) of the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 for the purpose of attending Mundan ceremony of his son.
Considering the submissions made by learned Advocate Mr. Baghel and having regard to the fact that the present appellant has been in custody form June 2020 and having not been released any time hereinbefore and having regard to the documents on record, in the considered opinion of this Court the appeal deserves to considered but with appropriate conditions.
In this view of the matter, the present appeal is allowed and the appellant is ordered to be released on temporary bail for a period of 2 days i.e. 24.09.2022 and 25.09.2022 on executing a personal bond of Rs.10,000/-( Rupees Ten Thousand Only) to the satisfaction of the concerned Jail Authority and on usual terms and conditions as may be imposed by the jail authority. It is directed that the present applicant shall be released with two police personnel, at the cost of the appellant for the days of his release.
The appellant – undertrial prisoner to surrender before Jail Authority on 26.09.2022 on completion of temporary bail, without fail.
Direct Service Today is permitted.