LAWS(GJH)-2008-3-95

RAJESH NAGINBHAI KOTHARI Vs. STATE OF GUJARAT

Decided On March 17, 2008
RAJESH NAGINBHAI KOTHARI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) RULE. Mr. Dipen Desai, learned APP waives service of Rule on behalf of the respondent - State.

(2.) PRESENT application has been filed by the applicant - original accused - Rajesh Naginbhai Kothari under Section 389 (1) of the Criminal Procedure Code to release him on temporary bail for a period of 15 days for engagement ceremony of his daughter which is alleged to have been scheduled on 23. 03. 2008.

(3.) FROM the Jail sheet report it appears that the very applicant was released on parole from 08. 02. 2008 to 22. 02. 2008 for a period of 15 days and thereafter, the said Parole was extended for further period of 15 days on the very ground i. e. for engagement ceremony of his daughter. It is not in dispute that the applicant has only one daughter viz. 'hiral'. From the Jail Sheet report, it appears that though Parole was extended for further period of 15 days from 23. 02. 2008, the applicant surrendered 11 days earlier on the ground that Criminal Appeal has been admitted by this Court. It appeared that as the applicant surrendered himself 11 days earlier, therefore, we called for relevant record from the Office of I. G. (Prisons) to know the reasons for extension of Parole and why the applicant surrendered 11 days earlier.