Citation : 2021 Latest Caselaw 7102 Guj
Judgement Date : 28 June, 2021
R/CR.A/474/2020 IA ORDER DATED: 28/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (TEMPORARY BAIL) NO. 5 of 2021
In
R/CRIMINAL APPEAL NO. 474 of 2020
==========================================================
IMTIYAZ AARAB BHESALIYA Versus THE SUPERINTENDENT/JAILOR ========================================================== Appearance:
MS TANAVEER K LOLADIA, ADVOCATE for the Applicant MR HARDIK SONI, APP for the Respondents ==========================================================
CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY
Date : 28/06/2021
IA ORDER
1. This is an application for temporary bail.
2. Rule. Learned APP waives service of rule for the State.
3. The applicant accused is in custody in connection with the judgment passed by the Special Judge (POCSO), Dev Bhoomi Dwarka dated 09.01.2020. He is principally convicted under Section 376 and others Sections of the Indian Penal Code and POCSO Act.
4. Having heard learned advocates for the respective parties and having considered the material on record and considering the totality, including the present circumstances, this Court finds that relief needs to be granted in favour of the applicant.
5. In view of above, the following order is passed.
R/CR.A/474/2020 IA ORDER DATED: 28/06/2021
5.1 This application is allowed.
5.2 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.5,000/- to the concerned Jail authority.
5.3 The accused shall surrender before the jail authority on expiry of the stipulated period.
5.4 Rule is made absolute in above terms.
5.5 Registry to communicate this order to the concerned jail Authority by Email / Fax. Direct service is permitted.
(PARESH UPADHYAY, J) SALIM/92
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