Nasirbhai @ Dilu Abdulbhai @ … vs State Of Gujarat & 2 on 7 July, 2017

R/CR.MA/16738/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 16738 of
2017

In CRIMINAL APPEAL NO. 451 of 2017

NASIRBHAI @ DILU ABDULBHAI @ DILAVARBHAI KHOKHAR THROUGH
SAMEENA MOHMEDYAKUBKHAN PATHAN 1….Applicant(s)
Versus
STATE OF GUJARAT 2….Respondent(s)

Appearance:
VALIMOHAMMED PATHAN, ADVOCATE for the Applicant(s) No. 1 – 2
MR JK SHAH, APP for the Respondent(s) No. 1

CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI

Date : 07/07/2017

ORAL ORDER

(PER : HONOURABLE SMT. JUSTICE ABHILASHA KUMARI)

1. Rule. Mr.J.K.Shah, learned Additional Public Prosecutor,
waives service of notice of Rule on behalf of respondent –
State.

2. The applicants, who are the husband and wife, have
filed a joint application for the grant of temporary bail, for a
period of thirty days, on the ground that their daughter, aged
five years, is to be admitted in N.K.Primary School,
Ahmedabad.

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R/CR.MA/16738/2017 ORDER

3. At the outset, Mr.Valimohammed Pathan, learned

advocate for the applicants, states that he would not be press
the application insofar as applicant No.1 is concerned.
However, he would request the Court to consider the case of
applicant No.2 as the reason stated in the application pertains
to the five years old minor daughter of the applicants, who
would require the presence of at least one of her parents for
the purpose of changing her school and taking admission in a
new school.

4. The application with regard to applicant No.1 is
disposed of, as not pressed.

5. Insofar as the application for applicant No.2 is
concerned, we find that the applicant No.2 is the mother of
the minor daughter who is to be admitted in a new school,
namely, N.K.Primary School, Ahmedabad. The fees and other
miscellaneous expenses of her daughter are required to be
provided for.

6. The applicant No.2 is undergoing life imprisonment for
the offences punishable under Sections 302 and 498A of the
Indian Penal Code.

7. The jail remarks pertaining to applicant No.2 indicate
that her conduct in jail is good. Though we notice that the
applicant No.2 has only undergone 8 months of sentence so
far, however, considering the reasons stated in the
application, we are inclined to partly grant the prayer made
by her . Hence, we deem it proper to pass the following order.

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R/CR.MA/16738/2017 ORDER

The applicant No.2 shall be released on temporary bail
for a period of 10 days from the date of her actual
release upon furnishing a personal bond of Rs.5,000/-
(Rupees Five Thousand only) and upon the usual terms
and conditions, to the satisfaction of the concerned Jail
authority.

Upon expiry of the aforesaid period, the applicant shall
surrender before the concerned Jail authority forthwith.

8. The application is allowed, in the above terms. Rule is
made absolute qua applicant No.2, to the above extent.

(SMT. ABHILASHA KUMARI, J.)

(A.J. SHASTRI, J.)
vipul

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