R/CR.MA/20160/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 20160 of
2017
In CRIMINAL APPEAL NO. 160 of 2016
ASHOKKUMAR BHIKHABHAI CHAUHAN….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
and
HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 20/09/2017
ORAL ORDER
(PER : HONOURABLE SMT. JUSTICE ABHILASHA KUMARI)
1. This application dated 28.07.2017, has been
preferred by the applicant, through Jail, with a
prayer to release him on temporary bail for a period
of thirty days as, according to him, his village has
become waterlogged due to the floods that took place
in the current monsoon season and his house has fallen
to the ground. It is further stated that his property
has also been damaged, therefore, in order to help his
family members, he may be enlarged on temporary bail.
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R/CR.MA/20160/2017 ORDER
2. The applicant is undergoing life imprisonment in
connection with offences punishable under Sections
302, 323 and 498A of the Indian Penal Code, 1860.
3. Pursuant to issuance of Rule on 11.08.2017,
Mr.Ronak Raval, learned Additional Public Prosecutor,
has submitted a Verification Report dated 17.09.2017,
under the signature of the Police SubInspector,
Kakoshi Police Station along with the statements of
the mother and brother of the applicant.
4. It emerges from the statements as well as the
Verification Report that the river Saraswati is about
14 kilometers away from the house of the applicant and
there has been no damage, whatsoever, to his house.
5. Though a perusal of the Jail remarks pertaining
to the applicant indicates that his conduct in Jail is
good and he has surrendered on time on the previous
occasions when he was released on temporary bail,
however, taking into consideration the reason stated
in the application which is found to be false after
verification, we are not inclined to grant the prayer
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made by the applicant.
6. Hence, the following order:
The application stands rejected. Rule is
discharged.
(SMT. ABHILASHA KUMARI, J.)
(A.J. SHASTRI, J.)
piyush
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