HC-NIC
WWW.LIVELAW.IN R/CR.MA/4169/2016
ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 4169 of 2016 ========================================================== AKHILESH @ DEVRAVKHATRI MAKARDHVAJ....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ==========================================================
Appearance: THROUGH JAIL for the Applicant(s) No. 1 MS MOXA THAKKAR, LD.ADDL.PUBLIC PROSECUTOR for the Respondents. ==========================================================
CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 18/02/2016 ORAL ORDER
1.
Rule. Ms.Moxa Thakkar, learned Additional Public
Prosecutor
waives
service
of
Rule
on
behalf
of
the
respondents. 2.
By way of the present application, the applicant -
accused, has prayed to release him on temporary bail on the ground to perform after death rituals of his father, who expired in September,2015. It is the case of the applicant that he is behind the bar since September,2013 for the offence punishable under Sections 363, 366, 376, etc. of the Indian Penal Code as well as under the provisions of Protection of Children from Sexual Offences Act,2012. Therefore, he may be
released
on
temporary
bail
by
imposing
suitable
conditions. 3.
Learned Additional Public Prosecutor appearing for
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HC-NIC
WWW.LIVELAW.IN R/CR.MA/4169/2016
ORDER
the respondents has opposed this application. 4.
The applicant had applied for temporary bail before
the learned Sessions Judge, Ahmedabad, on the ground of performing after-death rituals of his father, who expired in September,2015. The said application was numbered as Criminal Misc. Application No.390 of 2016. Learned Special Sessions Judge (POSCO), Court No.2, City Civil and Sessions Court, Ahmedabad rejected the said application without assigning any reasons. It is expected from the learned Sessions Judge to verify the correctness of reasons put forward by the under-trial prisoner, who has never been released on temporary bail though he is behind the bar since more than 2 ½ years. Learned Sessions Judge is hereby directed to reconsider the case of the applicant after verifying the genuineness of death of his father and after getting report from the concerned Police Station. It is clarified that the learned Sessions Judge shall hereinafter not decide any such application by passing order in a single sentence and without assigning any reasons. This Court has come across number of orders passed by this Judge, who has on many occasions straight away rejected the applications by passing one line orders which look like photocopied orders. It is expected from the learned Sessions Judge that he shall deal with such applications on humanitarian ground since number of undertrial prisoners are languishing in jail without finality of their trial. In most of the cases applications for temporary bail are directly filed by the under-trial prisoners before this Court, which are not entertained by this Court and the parties are directed to file such applications before the concerned Page 2 of 3 Page 2 of 3
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HC-NIC
WWW.LIVELAW.IN R/CR.MA/4169/2016
ORDER
Sessions Court so that the sessions court can get the facts verified and also consider the stage of trial.
5.
Considering the facts and circumstances of the
case, Office is directed to forward this application for temporary bail to the concerned Sessions Judge immediately. The concerned Sessions Judge shall decide this application for temporary bail in expeditious manner and its own merits since this Court has not gone into the merits of the case. With the above observation, this application is disposed of.
[A.J.DESAI,J.]
*dipti
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