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Judgment
Nisha M. Thakore, J
Rule. Learned APP waives service of notice of rule on behalf of the respondent- State of Gujarat.
This is an application filed by the wife of the applicant seeking temporary bail for a period of 30 days on the ground of making financial arrangement for family and to arrange for admission of applicant’s children.
Heard party-in-person and learned APP appearing for the respondent-State. Learned APP has placed on record the jail remarks.
I have gone through the jail remarks of the applicant and considered the averments made in this application. I have also gone through the order dated 18.04.2024 passed by the Ld. Principal Judge refusing temporary bail. During the course of the arguments, it has transpired that real brother-in-law of the applicant has expired as urged by the party-in-person.
On perusal of jail remarks, it has transpired that applicant is an under trial prisoner and is inside jail since 12.10.2021. The applicant was released on various occasion and he had surrendered in time except on his last release, he had surrendered on his own late by 30 days. The father and real brother of the applicant are also co-accused and are at present in judicial custody.
Considering the above aspects, I am of the opinion that the present application requires consideration and accordingly, the same is partly allowed. The applicant is ordered to be released on temporary bail for a period of 20 DAYS from the date of his actual release on usual terms and conditions. The applicant shall surrender to the Jail Authority on completion of the temporary bail, without fail. During the period of temporary bail, the applicant shall not abuse the liberty granted to him and shall maintain law and order. The applicant is directed to mark his presence with concerned police station, once in a week during the aforesaid period.
Rule is made absolute to the aforesaid extent. Registry is directed to communicate this order to the concerned jail authority by fax or e-mail forthwith.