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Judgment
A.Y. Kogje, J
RULE. Learned APP Mr.H.K.Patel waives service of Rule on behalf of the respondentÂState.
The present application is filed by the under trial prisoner, seeking temporary bail for a period of 25 days in connection with IÂCR No.03 of 2019
registered with Gandhidham Railway Police Station for offences under Sections 302, 120B, 397, 201 and 34 of the Indian Penal Code, Sections 25(1)
(a), 25(B) and 27 of the Arms Act, Sections 141, 144B and 115 of the Indian Railway Act and Section 135 of the Gujarat Police Act.
Learned Senior Advocate for the applicant submitted that marriage function of the son of the applicant is scheduled between 26.11.2020 to
28.11.2020 and therefore, his presence is required. It is submitted that the applicant had filed Criminal Misc.Application No.324 of 2020 before the
Additions Sessions Court, Bhachau, which was rejected by order dated 02.11.2020. Learned Senior Advocate for the applicant drew attention of the
Court to what is recorded by the Additional Sessions Court with regard to submission made by the APP with regard to keeping the applicant present
for the ceremony under police escort.
3.1 It is submitted that engagement of the son of the applicant had taken place way back in the year 2018 and now considering the present pandemic
situation, other marriage of the same family has been scheduled and therefore along with that, marriage of the son of the applicant is also to take
place. It is submitted that the applicant is ready and willing to abide by all conditions including bear cost of police escort, if necessary. It is however
requested that the formalities may be taken up urgently as marriage ceremony has already commenced and is half way.
Learned APP Mr.H.K.Patel and learned Advocate Mr.K.S.Chandrani for the original complainant oppose the application.
Learned APP produces on record verification report dated 27.11.2020 along with copy of an FIR. It is submitted that the applicant is an accused of
a very serious offence and pending trial, another offence has been registered, wherein threats have been issued to the witness at the behest of the
applicant.
As against this, learned Senior Advocate for the applicant submitted that earlier also, on account of death in the family, the applicant was enlarged
on temporary bail by order dated 06.01.2020 by the Coordinate Bench and when the applicant was on temporary bail, no untoward incident was
reported.
Having considered the rival submissions of the learned Advocates for the parties and having perused documents on record, it appears that the order
of the Additional Sessions Court is dated 02.11.2020. It also appears from the record that the present application was filed on 07.11.2020 and was
placed before this Court on 26.11.2020, wherein notice was issued to carry out verification and place today.
The son of the applicant was engaged in the year 2018. He has also been arraigned as an accused. However, he is on bail. The order of the
Additional Sessions Court indicates stand of the prosecution so as to keep the applicant present at least for the purpose of marriage ceremony. The
marriage ceremony as per the invitation card is scheduled between 26.11.2020 and the marriage ceremony is to end on 28.11.2020, followed by two
other functions, where ""Aana"" ceremony is to conclude on 02.12.2020.
Considering the fact that the applicant had previously been released on temporary bail by order dated 06.01.2020, the fact that the applicant has
been in custody since 28.03.2019 and the jail report indicates the conduct of the applicant to be good, the Court is inclined to enlarge the applicant on
temporary bail.
Accordingly, the application is partly allowed. The under trial prisonerÂChhabildas Naranbhai Patel (Makani) is ordered to be released on
temporary bail till 02.12.2020, on his furnishing a personal bond of Rs.10,000/Â (Rupees Ten Thousand Only) to the satisfaction of the jail authority
and with police escort of one ASI and two Constables fro, 27.11.2020 to 02.12.2020. The applicant to surrender at 05.00 pm on 02.12.2020.
Registry is directed to communicate this order by fax to the concerned jail authority as well as to the office of the District Superintendent of
Police, Kutch forthwith. Considering the fact that the marriage ceremony has commenced, the District Superintendent of Police shall expedite the
formalities of providing police escort forthwith.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.