High CourtsSingle Bench(2023) 05 GUJ CK 0111

Kalubhai Bhikhabhai Shiyan Thro Vijayaben Kalubhai Shiyan vs State Of Gujarat

Gujarat High Court · Decided on 26 May 2023

HON’BLE JUDGES
M. K. Thakker, J
RESULT
Allowed
CASE NUMBER
R/Criminal Misc.Application No. 9354 Of 2023

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Judgment

9 paragraphs · 233 words

M. K. Thakker, J

1.

Rule. Mr.J.K.Shah, learned Additional Public Prosecutor waives service of rule on behalf of respondent – State.

2.

By way of the present application, the applicant has prayed to release him on temporary bail on the ground of performing cremation ceremony of his father who has died on 25.5.2023 .

3.

Learned advocate for the applicant submitted that the applicant is the only son and still cremation is not over, his presence would require for last rituals, this application deserves to be granted.

4.

This Court has also considered the fact that in past, whenever he was released on temporary bail, he has surrendered in time. His jail conduct is found to be good.

Therefore, the present application deserves to be allowed.

5.

Therefore, the present application stands allowed. The applicant is ordered to be released on temporary bail for a period of 10 (ten) days from the date of his actual release, on executing personal bond of Rs.5,000/- (Rupees Five Thousand) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority.

6.

The applicant to mark his presence before the concerned Police Station once in a week during his temporary release period. The applicant shall surrender before Jail Authority on completion of temporary bail, without fail.

7.

Rule is made absolute to the aforesaid extent. Direct service is permitted today.