Gujarat High Court

CR.MA/23289/2021 of SAHIL @ SOBID @ ZANDUBAM S/O RAJVANSING THAKUR THRO SONVANE SUNITA RAMESH Vs STATE OF GUJARAT on 31 December 2021

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31/12/2021 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 23289 of 2021 ========================================================== SAHIL @ SOBID @ ZANDUBAM S/O RAJVANSING THAKUR THRO SONVANE SUNITA RAMESH Versus STATE OF GUJARAT

IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/CRIMINAL MISC.APPLICATION NO. 23289 of 2021

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SAHIL @ SOBID @ ZANDUBAM S/O RAJVANSING THAKUR THROSONVANE SUNITA RAMESH VersusSTATE OF GUJARAT

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Appearance:PARTY IN PERSON(5000) for the Applicant(s) No. 1 for the Respondent(s) No. 2MS JIRGA JHAVERI, APP for the Respondent(s) No. 1==========================================================

CORAM: HONOURABLE MR. JUSTICE NIRAL R. MEHTA

Date : 31/12/2021

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ORAL ORDER

1. Rule. Learned Additional Public Prosecutor waivesservice of notice of Rule on behalf of respondent – State.

2. The present application is filed by the wife of theapplicant seeking modification of the condition imposed by thelearned 12[th] Additional Sessions Judge, Surat while enlargingthe applicant on temporary bail for a period of 3 dayscommencing from 31.12.2021 morning till 2.1.2022 night withpolice escort.

3. In the morning, the wife of the applicant has mentionedfor urgent circulation of the present application today itself for modification of the condition with regard to the policeescort.

4. The permission, as sought for, was granted andaccordingly, the Registry has circulated the matter today.

5. I have heard the party-in-person – wife of the applicantand Ms.Jirga Jhaveri, the learned Additional Public Prosecutorfor the State.

6. The party-in-person has submitted that the presence ofthe applicant in the post death rituals is necessary. However,the imposition of condition with regard to police escort isonerous and the applicant is not in a position to bear theexpenses.

7. Considering the request and the cause of release, I am ofthe opinion that the present application requires to beconsidered and the order dated 30.12.2021 passed by learned12[th] Additional Sessions Judge, Surat in Criminal Misc.Application No.7473 of 2021 is required to be modified asunder:

7.1Let the applicant be released on temporary bail for aperiod of one day i.e. on 2.1.2022 morning till 7.00 p.m. withpolice surveillance and the expenses of the police surveillanceshall be borne by the State Government, considering thefinancial status of the applicant. Rest of the conditionsimposed by the trial court concerned shall remain intact.

8. The present application is partly allowed. Rule is madeabsolute to the aforesaid extent.

9. The Registry to communicate this order through FAXand/or E-mail to the concerned jail authority.

V.J. SATWARA

(NIRAL R. MEHTA,J)

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