Nareshbhai Kalyansing Chauhan vs State Of Gujarat

Present application has been filed by the appellant to release him on temporary bail for a period of 30 days on the ground of attending death ceremony of his father allegedly expired on 30th November 2019.

Heard learned advocate for the appellant and learned APP for the respondent State.

Learned APP for the respondent-State has produced police report dated 6th January 2020 issued by the Circle Police Inspector, Junagadh Circle, Junagadh alongwith certain papers and statements of the family members of the deceased about Page 1 of 4 Downloaded on : Mon Jan 06 20:53:06 IST 2020 R/CR.A/2411/2019 ORDER death of father of the present appellant. It is submitted by learned APP that as per the statement, father of the appellant namely Kalyansinh Parvatsinh was expired on 10th December 2013. Death certificate of the deceased was issued by the Sandokhada Gram panchayat under the signature of the competent authority, wherein also the date of death of the deceased Kalyansinh was shown as 10th December 2013. Hence, it was requested by learned APP to dismiss present application with an observation that false application and documents are produced by the present appellant and that fact may be reflected into the jail remarks also.

Considering the report and submissions made by learned advocate for the appellant and learned APP for the respondent- State, it appears from the zerox copy of the death certificate produced by the appellant that name of the deceased is shown as Kalyansinh Parvatsinh, who allegedly expired on 30th November 2019 at village Musaredi. From the copy of this death certificate, prima facie it appears that the year 2019 was amended later on. Moreover, as per the statement of the family members produced on record by learned APP, death of Kalyansinh was occurred on 10th December 2013. Duplicate Page 2 of 4 Downloaded on : Mon Jan 06 20:53:06 IST 2020 R/CR.A/2411/2019 ORDER death certificate of Kalyansinh was also secured by the Police authorities from the competent authority of the concerned Gram Panchayat, wherein also name of the deceased is shown as Kalyansinh Parvatsinh and his death was occurred on 10th December 2013 at village Musaredi.

Prima facie, it appears that appellant has made wrong statement before the Court as well as produced false and bogus certificate of his father showing the date of death of his father as 30th November 2019. The appellant has produced the same certificate before the learned Sessions Court at Junagadh and learned Sessions Court was pleased to grant the prayer of the present appellant by granting temporary bail for 2 days with police escort.

Thus, considering the aforesaid facts and arguments of learned APP, I find that the appeal being a meritless and accordingly stands rejected with the cost of Rs. 5,000/- which will be deposited by the appellant before the High Court Legal Services Committee, Ahmedabad within a period of 7 days. The order dated 11.12.2019 passed by the learned 5th Additional Sessions Judge, Junagadh in Criminal Misc. Application No. 880 of 2019 stands quashed and set aside in Page 3 of 4 Downloaded on : Mon Jan 06 20:53:06 IST 2020 R/CR.A/2411/2019 ORDER the peculiar facts of this case. Notice stands discharged.

Jail authorities will reflect the observations made by this Court in this order in the jail remarks.

(B.N. KARIA, J) K. S. DARJI Page 4 of 4 Downloaded on : Mon Jan 06 20:53:06 IST 2020