High CourtsSingle Bench(2024) 05 GUJ CK 0032

Alpesh @ Alpu Hardasmal Wadhvani Through Wadhwani Hema Alpeshkumar vs State Of Gujarat & Ors

Gujarat High Court · Decided on 16 May 2024

HON’BLE JUDGES
Nisha M. Thakore, J
RESULT
Allowed
CASE NUMBER
R/Criminal Misc.Application (For Temporary Bail) No. 9238 Of 2024

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Judgment

7 paragraphs · 312 words

Nisha M. Thakore, J

1.

Rule. Learned APP waives service of notice of Rule on behalf of the respondent- State of Gujarat.

2.

By way of the present application, the applicant has prayed to release him on temporary bail on the ground of making financial arrangement to pay the loan amount. Learned APP for respondent – State has vehemently objected grant of parole by submitting that he is listed bootlegger and has misused the liberty in past, when he was released on temporary bail. The reliance was placed on jail remarks to contend that the applicant is involved in six other offences.

3.

Heard learned advocate appearing for the applicant and learned APP appearing for the respondent-State. I have also gone through the jail record of the applicant and perused the documents produced along with the application as well as considered the averments made in this application. Undoubtedly, the jail report indicates that he was involved in six other offences, mostly related to prohibition. The jail remarks also indicates that he is on bail in said offences. At the same time, when the applicant was released during his custody at Nadiad Jail, he on his own surrendered. The legal notice is issued by Bank raising demand of outstanding loan amount against the applicant.

4.

Considering the above aspect, I am of the opinion that the present application requires consideration and accordingly, the same is allowed. The applicant is hereby ordered to be released on temporary bail for a period of 7 days from the date of his actual release on usual terms and conditions to the satisfaction of the concerned Authority.

5.

The applicant shall mark his presence everyday before the concerned police station during his temporary release period. The applicant shall surrender before Jail Authority on completion of temporary bail, without fail.

6.

Rule is made absolute to the aforesaid extent.