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Ramji @ Ramlo Pragji Marakana vs State Of Gujarat

High Court Of Gujarat|01 October, 2023
RAMJI @ RAMLO PRAGJI MARAKANA Versus STATE OF GUJARAT ========================================================== Appearance:
SIDDHANT R SHAH for the PETITIONER(s) No. MS.JIRGA JHAVERI, APP for the RESPONDENT(s) No. ========================================================== CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE N.V.ANJARIA Date : 27/08/2020 IA ORDER (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr. Siddhant Shah for the applicant and learned Additional Public Prosecutor Ms. Jirga Jhaveri for the respondent State.
2. This applicant has preyed for temporary bail on the ground that he wants to help out the family members.
2.1 Rule, returnable forthwith. Learned Additional Public Prosecutor Ms. Jirga Jhaveri waives service of Rule on behalf of the respondent authority.
3. By order dated 24.8.2020, we required learned Additional Public Prosecutor to verify for the family condition of the applicant. The report is produced pursuant to the directions. The case of the applicant is that he is the only responsible male member of the family and he wants to help out the family members as they are in financial crunch.
R/CR.A/944/2019 IA ORDER
4. When the jail record is seen, it transpires that the applicant has not been released on any temporary occasion since 20.3.2019 and he has been in jail since last almost one and half years.
5. In totality of facts and circumstances, the ground put forth for helping the family persuades us to release the applicant on temporary bail, more particularly when he has not enjoyed leave for long time.
6. Resultantly, we permit the applicant to be on temporary bail for a period of 10 days from the date of his actual release on the condition of his executing a bond of Rs.15,000/- (Rupees Fifteen Thousand Only) and further furnishing a surety of the equal amount with the jail authority.
6.1 The release of the applicant shall be additionally governed by the following conditions.
(i) The applicant shall, in any manner, not act in contravention to the prevalent law;
(ii) The applicant shall maintain law and order and shall follow the guidelines issued by the Government in the present times of COVID-19;
(iii)The applicant shall not move out of the State of Gujarat during the temporary bail period.
6.2 The applicant-convict shall surrender before the jail authorities in time. Any default on the part of the applicant- convict shall meet with consequential order.
temporary bail pursuant to this order, the jail authorities shall require the applicant to undergo COVID-19 test. It is only in the event that applicant is tested negative, benefit of this order shall be given to him and he shall be released on temporary bail.
6.4 It is observed that when the applicant returns after enjoying the leave pursuant to the present order, the jail authorities shall subject the applicant to the protocol required to be observed in respect of the COVID-19 pandemic.
7. The present application is allowed accordingly. Rule is made absolute.
Registry shall indicate the jail authorities concerned about passing of this order immediately through e-mode. Learned Additional Public Prosecutor shall also communicate the jail authorities about the present order.
(SONIA GOKANI, J) (N.V.ANJARIA, J) MISHRA AMIT V./ Manshi Page 3 of 3 Downloaded on : Thu Aug 27 21:21:03 IST 2020
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  • Sonia Gokani
  • N V Anjaria