1. Whether Reporters of Local Papers may be allowed : NO to see the judgements?
2. To be referred to the Reporter or not? : NO
3. Whether Their Lordships wish to see the fair copy : NO of the judgement?
4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the Civil Judge? : NO
-------------------------------------------------------------- BHAILALBHAI CHHAGANBHAI BHOI Versus STATE OF GUJARAT
-------------------------------------------------------------- Appearance:
THROUGH JAIL for Petitioner MR ND GOHIL, Ld. APP for Respondent No. 1
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CORAM : MR.JUSTICE M.H.KADRI and MR.JUSTICE A.L.DAVE Date of decision: 13/09/2000 ORAL JUDGEMENT(Per: M.H. Kadri, J.) Rule. Mr.N.D. Gohil, Ld. APP, waives service of rule on behalf of respondent No.1. Looking to the urgency of the application, it is taken up for hearing today.
By means of filing this application, the applicant, Bhailalbhai Chaganbhai Bhoi through Superintendent, Central Prison, Vadodara has filed this application to release him on temporary bail for 30 days on the ground of making arrangement for the study of his son, Bharatbhai Bhailal Bhoi. The District Superintendent of Police, Anand has submitted his report dated August 5, 2000, indicating that if the applicant is released on bail, he should not enter Town Umreth, but he can reside at Vaghasi, Anand. Along with the report, statement of the original complainant, Kriankumar Jayantilal Shelat is annexed. In the said statement, the original complainant has stated that if the prisoner is released on bail it is desirable that he should not enter Town Umreth as there is likelihood of breach of peace.
It may be stated that the prisoner was earlier released in the month of June/July, 1999 for making arrangement for the study of his son and has surrendered to the Jail Authority in time. In view of the above stated facts and circumstances, we deem it necessary to grant this application. Accordingly, it is directed that the prisoner, Bhailalbhai Chaganbhai Bhoi, on executing a personal bond of Rs.2000/- (Rupees two thousand only) before the Jail Authority, be released on temporary bail for a period of 10 days on the following conditions:
1) The prisoner, while on temporary bail, should mark his presence at Anand Town Police Station once in a week between 10 a.m. and to 2 p.m.
2) That the prisoner shall surrender to the Jail Authority on the expiry of the period of temporary bail.
3) The Police Officer, Anand Town Police Station, shall see that the prisoner is surrendered before the Jail Authority on the expiry of the period of temporary bail.
On breach of any of the above conditions, the Police Officer, Anand Town Police Station, shall be at liberty to approach the Learned Sessions Judge at Anand for cancellation of temporary bail. For the above stated reasons, the application is partly allowed. Rule is made absolute to the above extent. Office is directed to give a copy of the order to; (1) Superintendent, Central Prison, Vadodara and (2) P.S.I., Anand Taluka Police Station for necessary compliance.
13-9-2000(M. H. Kadri, J.) (A. L. Dave, J.) vinod