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Judgment
Niral R. Mehta, J
Rule. Learned Additional Public Prosecutor Mr. J.K. Shah, waives service of notice of Rule for and on behalf of respondent - State.
Present application filed by the applicant seeking temporary bail for a period of 10 days for giving re-test examination of semester-5 of B.com.
It appears that the applicant has approached the learned Sessions Court by way of Cri. Misc. Application No. 558 of 2022. However, the same came to be rejected vide order dated 07.05.2022, observing inter alia as under:
“[6] On perusal of documentary evidence, it transpires that the applicant has not produced any Admit Card or the further details to show that in which subjects he is going to appear in the examination. Simply the entire time table (Mark 3/2) of 5th semester examination is produced. As apparent, the applicant wants to give retest but for which subjects, he wants to appear in the examination is not revealed. The fee receipt (Mark 3/4) only shows that he is styding in the B.Com and the fee receipts is dated 05.8.2021. Mark 3/3 is identity card. No other documentary evidence is produced to show that the applicant-accused wants to appear for entire/all subjects or any other subjects, in which he was declared failed or declared absentee. Except oral version, nothing is produced on record. Hence, the grounds are not found proper or genuine to grant temporary bail as prayed for.
[7] It is pertinent to note that recently, the applicant was released on temporary bail by this court, from 11.04.2022 to 21.04.2022 for attending 6th Semester examination vide order dated 11.04.2022 passed in Cr. Misc. Application No.404 of 2022. And again within a span of few days, the present application is filed, that too, without annexing any supportive documents, which shows that the applicant wants to get out of jail by hook or crook.”
Being aggrieved by the aforesaid, the present application came to be filed seeking temporary bail on the aforesaid grounds before this Court.
I have heard the learned advocate, Mr. Jucky Lucky Chan for the applicant and Mr. J.K. Shah, learned APP for the respondent - State.
At the outset, it is required to be noted that the present applicant is a young boy, aged 19 years, pursuing his studies from jail. Considering the admit card and the examination schedule, if the present applicant is not granted any indulgence, then in that case, the future of the young boy would be in jeopardy. In the past also, the applicant reported to have been released on bail for the purpose of giving examination, who has complied with all the terms and conditions and has reported back in time. Keeping in mind all the aforesaid, the present application requires to be considered.
Considering the facts and circumstances of the case, I am of the opinion that the applicant deserves to be enlarged on bail. Hence, the same is allowed. The applicant shall be released on temporary bail for a period of 10 (ten) days from today, on executing a personal bond of Rs.5,000/-(Rupees five thousands), on usual terms and conditions.
The applicant shall surrender before the jail authority on expiry of the temporary bail period i.e. on 19.05.2022, without fail.
Accordingly, the application is allowed to the aforesaid extent. Rule is made absolute in the above terms. Registry is directed to e-mail or fax the copy of this order to the jail authority.
Direct service today is permitted.