Jayeshbhai Vinubhai ... vs State Of Gujarat
2021 Latest Caselaw 6141 Guj

     R/CR.A/420/2021                                IA ORDER DATED: 16/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                          CRIMINAL MISC.APPLICATION
                              (TEMPORARY BAIL)
                                 NO. 2 of 2021
                                       In
                       R/CRIMINAL APPEAL NO. 420 of 2021

==========================================================

JAYESHBHAI VINUBHAI SARVAIYA/KOLI Versus JAIL SUPERINTENDENT ========================================================== Appearance:

MS MAYURI P CHAUHAN for the APPLICANT (Through Gujarat High Court Legal Services Committee)

MR HARDIK SONI, APP for the RESPONDENT - State ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 16/06/2021

IA ORDER

1. This is an application for temporary bail pending appeal. This application is filed through the Gujarat High Court Legal Services Committee.

2. The applicant is convicted by the Sessions Judge, Bhavnagar, vide judgment dated 19.01.2021 in Sessions Case No.34 of 2017. The conviction is for having committed offences under Sections 326 and 323 read with Section 114 of the Indian Penal Code. By the said judgment, the applicant is ordered to undergo rigorous imprisonment maximum for a period of five years. Fine is also imposed and in default thereof, simple imprisonment is also imposed.

3. The appeal is admitted by this Court vide order dated

R/CR.A/420/2021 IA ORDER DATED: 16/06/2021

25.03.2021. It is noted that the application for suspension of sentence is also filed by the applicant, which is pending consideration.

4. Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the State.

5. Heard learned advocate for the appellant / applicant and learned Additional Public Prosecutor for the State.

6. Having heard learned advocates for the respective parties and having considered the totality, this application needs to be allowed partly.

7. In view of above, the following order is passed.

7.1 This application is partially allowed.

7.2 The applicant / accused is ordered to be released on temporary bail for a period of two weeks from the date of his actual release, on his executing personal bond of Rs.2,000/- (Rupees two thousand only) to the concerned Jail authority.

7.3 The accused shall surrender before the jail authority on expiry of the stipulated period.

7.4 Rule is made absolute in above terms. Registry to communicate this order to the concerned Court/ authority by Fax or Email forthwith.

(PARESH UPADHYAY, J) SHRIJIT PILLAI/89