DINESH RAMRAJ YADAV....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ============================================================== Appearance:
THROUGH JAIL for the Applicant(s) No. 1 MR HK PATEL APP for the Respondent(s) No. 1 ============================================================== CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI and HONOURABLE MR.JUSTICE R.D.KOTHARI Date : 08/04/2015 ORAL ORDER (PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Learned APP Mr. Patel was to get the statement of the convict recorded. Learned APP Mr. Patel places on record the same, wherein the convict has stated that he has two sons and one daughter. The elder son is aged 12 years, younger is aged 9 years and the daughter is aged 18 years. He has further stated that according to customs of their community 'Chaul Kriya' (Babri) is to take place after 5 years of age or 10 years of age. He has also stated that all of a sudden he was lodged in jail, he could not get the 'Chaul Kriya' (Babri) done and, therefore, he applied for temporary bail for the same in the month of February
- March, 2015 and on expiry of the period of temporary bail, he reported to the jail in time.
2. Learned APP Mr. Patel also invited attention of the Court to the jail remarks. The convict has availed temporary bail on 3 different occasions and reported in time, He has enjoyed two furlough leaves and reported in time. The convict has undergone 5 years 6 months 16 days as on 23.03.2015.
3. The matter requires consideration.
4. RULE. Mr. Patel, learned APP waives service of rule on behalf of the respondent - State.
5. For the contents of the application, the same is allowed.
The applicant - convict is ordered to be released on temporary bail for a period of three weeks from the date of his release, on his executing a personal bond in the sum of Rs.5,000/ (Rupees Five Thousand only) to the satisfaction of the jail authorities.
6. The applicant - convict shall surrender to the jail authorities on expiry of the period of temporary bail.
7. Rule is made absolute.
Learned APP Mr. Patel to ensure that the copy of the statement of the convict is kept in the history ticket so that in future, if required, the same can be taken into consideration.
Registry is directed to communicate this order to the jail authorities.
A copy of this order be made available to learned APP for Page 2 of 3 R/CR.MA/6131/2015 ORDER its onward communication.
(RAVI R.TRIPATHI, J.) (R.D.KOTHARI, J.) /phalguni/ Page 3 of 3