Heard Mr.B.T.Rao, learned advocate for the applicant, and Mr.Maulik Nanavati, learned APP, for the respondents.
The applicant has prayed for temporary bail of 15 days in connection with Cri. Case No.20 of 2012 in the Sessions Court, Surendranagar in connection with C.R. No.I-99 of 2011 registered at Halvad Police Station, Dist. Surendranagar on the ground that Shri Nareshbhai Jivanbhai, who was actually cultivating the land of the applicant, has expired on 05.06.2012.
Mr.Rao, learned advocate for the applicant has drawn attention of this Court of the document (at Annexure-D to the application) and submitted that except deceased Nareshbhai Jivanbhai there is no other person to cultivate the land of the applicant.
Learned APP states that on rule being issued by this Court the police authorities have verified the veracity of the certificate (at Annexure-C to the application) and he has no objection if the application is considered by the court for temporary bail.
Considering the fact that monsoon season is set on and agricultural activities would be hampered, this court is of the opinion that the application deserves to be allowed.
The application is allowed and the applicant-accused is ordered to be released on temporary bail for a period of 15 (fifteen) days from 09.07.2012 upon his furnishing personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount to the satisfaction of the concerned jail authority with a condition that during the period of his temporary bail he shall not misuse the liberty. The applicant shall report before Halvad Police Station on 12.07.2012 and 19.07.2012 and he shall immediately surrender before the jail authority on 23.07.2012. It is however made clear that no further extension shall be granted.
Application is allowed. Rule made absolute accordingly. Direct service permitted.
Sd/-
[ R.M.CHHAYA, J] *** Bhavesh* Top