KHODABHAI DAHYABHAI LAKHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application through jail seeking temporary bail by the convict for 30 days for constructing the house so also for making arrangements for subsistence allowance for the family, as the applicant is undergoing imprisonment for 10 years for the offence punishable under Section 304 (Part-II) of the Indian Penal Code, 1860, and Section 135 of the Gujarat Police Act.

(2.) Out of the total sentence of 10 years, he has already undergone three and a half year. On a couple of occasions, in the past, he had been released on temporary bail and on furlough also.

(3.) Bearing in mind, his requirement for helping the family in constructing the house and also considering his conduct in jail, which is good, so also the period of sentence he has undergone and the fact that whenever he was released in the past, he surrendered in time without any untoward incident, this application deserves to be considered.