JETHABHAI RAJSIBHAI DANGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule on behalf of Respondent-State.

(2.) All the three petitioners are accused of the same FIR being C.R. No. I - 3 of 2019 registered with Jam Jodhpur Police Station, Jamnagar, for the offences punishable under Ss. 302 , 143 , 147 , 148 , 149 of Indian Penal Code. The prayer has been made for temporary bail on the ground to attend the marriage of sister of Sanjaybhai Khimabhai Dangar - petitioner of Criminal Misc. Application No. 22990 of 2021. The petitioner of Criminal Misc. Application No. 23005 of 2021 namely Jethabhai Rajsibhai Dangar is elder paternal uncle and petitioner of Criminal Misc. Application No. 23015 of 2021 namely Gopal Jethabhai Dangar is cousin brother, and since all of them are accused in a serious offence and therefore their presence would not be necessary. Since the petitioner of Criminal Misc. Application No. 23005 of 2021 - Jethabhai Rajsibhai Dangar and petitioner of Criminal Misc. Application No. 23015 of 2021 - Gopal Jethabhai Dangar are not the immediate relative of the girl to be married; hence their applications i.e. Criminal Misc. Applications No. 23005 of 2021 and 23015 of 2021 are rejected.

(3.) While Sanjaybhai Khimabhai Dangar - petitioner of Criminal Misc. Application No. 22990 of 2021 is real brother, and therefore, taking that fact into consideration and considering the above aspect, I am of the opinion that the present application i.e. Criminal Misc. Application No. 22990 of 2021 requires consideration and accordingly, the same is allowed. The petitioner-convict Sanjaybhai Khimabhai Dangar shall be released on temporary bail for a period from 20/1/2022 to 25/1/2022 on usual terms and conditions and on executing a personal bond of Rs.10,000.00 (Rupees Ten Thousand only) to the satisfaction of the concerned Authority. The petitioner - convict Sanjaybhai Khimabhai Dangar is directed to surrender before the Jail Authority on 26/1/2022, without fail.