High CourtsDivision Bench(2021) 10 GUJ CK 0064

Maheshbhai Mohanbhai Dave Thro Madhuriben Maheshbhai Dave vs Jail Superintendent

Gujarat High Court · Decided on 25 October 2021

HON’BLE JUDGES
A.J.Desai, J · Sandeep N. Bhatt, J
CASE NUMBER
Criminal Misc.Application (Temporary Bail) No. 4 Of 2021 In R/Criminal Appeal No. 150 Of 2019

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Judgment

7 paragraphs · 310 words

A.J.Desai, J

1.

RULE. Learned Additional Public Prosecutor waives service of rule on behalf of respondent - State.

2.

By way of the present application, the applicant - convict has prayed to release him on temporary bail on the ground of babri ceremony of his grandson.

3.

We have gone through the Jail record of the convict prisoner and perused the documents produced along with the application as well as considered the averments made in this application. We have also considered the fact that applicant is convicted for the offences punishable under Section 302 and allied offences of the Indian Penal Code, 1860 and sentenced to undergo life imprisonment. We have also considered that the applicant has undergone more than 6 years of imprisonment and whenever released on temporary bail, except twice applicant has surrendered in time. His jail conduct is otherwise found to be good.

4.

Considering the aforesaid facts and circumstances of the case and looking to the jail record of the convict, we are of the opinion that the application requires consideration and the same is allowed. The convict shall be released on temporary bail for a period of THREE WEEKS from the date of his actual release, on executing personal bond of Rs.10,000/- (Rupees Ten Thousand Only) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority. The applicant to mark his presence before the concerned Police Station once in a week during his temporary release period. The convict prisoner to surrender before Jail Authority on completion of temporary bail, without fail. Rule is made absolute to the aforesaid extent.

5.

After the completion of temporary bail period, the Jail Authorities shall admit the applicant in jail after strictly following the Circular dated 03.06.2020 relating to COVID-19 issued by the Superintendent of Jail, Ahmedabad.

Direct service is permitted.