(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. RULE in both the applications.
Ms. C.M. Shah, learned APP waives service of notice of rule on behalf of the respondent-State in both the applications.
2. In the facts and circumstances of the case, the present applications are taken up for final hearing today.
3. Both the applications have been preferred by the respective applicant-original accused, who are brothers, to release them on temporary bail atleast for a period of 21 days to get the agricultural land mutated in their names as father of the respective applicants has died and also for partition of the said land.
4. Having heard Ms. Mishra, learned advocate appearing on behalf of the respective applicants and Ms. C.M. Shah, learned APP appearing on behalf of the respondent-State and considering the earlier orders passed by the Division Bench before this Court dated 08/01/2012 in Criminal Miscellaneous Application Nos. 18235/2012, 18237/2012 and 18238/2012 and considering the fact that they have already deposited the amount for measurement so as to effect the partition, the present applications are allowed in part and the applicants are ordered to be released on temporary bail for a period of 15 days from the date of the actual release on their executing personal bond of Rs.5000/- each to the satisfaction of the jail authorities and on further condition that they shall not leave the limits of Jamnagar District and shall mark their presence at Jodia Police Station on 4th, 8th and 12th from their release between 9:00 a.m. to 12:00 noon. It is made clear and it is agreed between the learned advocate appearing on behalf of the respective applicants that on the same ground there shall not be extension of temporary bail nor any further applications shall be entertained. On completion of the temporary bail, respective applicants to surrender to the jail authority immediately on the 16th day of their actual release.
5. With this, the present applications are allowed. Rule is made absolute in each of the applications to the aforesaid extent.
Direct service is permitted.
(M.R.SHAH, J.) (S.H.VORA, J.) siji Page 2 of 2