In this oral order, the Gujarat High Court rejected the petitioner's criminal miscellaneous application for temporary bail to attend a family religious function, deferring to the trial court's decision which had been rejected earlier. The petition is nullified.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/9444/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9444 of 2018
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ILIYASHHUSSAIN JAKIRHUSSAIN NAGORI
Versus STATE OF GUJARAT
================================================================ Appearance:
THROUGH JAIL(50) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 2,3 MR.L.R.POOJARI, APP, (2) for the RESPONDENT(s) No. 1
================================================================ CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 11/05/2018 ORAL ORDER
Rule. Learned APP waives service of notice of rule on behalf of respondent – State. Perused the record. Petitioner is under trial prisoner for the offences punishable under Sections 302 of the Indian Penal Code, who has preferred this petition for temporary bail on the ground of religious function in the family. However, his application for the purpose being Criminal Misc. Application No.1284 of 2018 by an order dated 28.02.2018 has been rejected by the trial Court. The trial Court is the best authority to decide the requirement of presence of under trial prisoner and, therefore,when the trial Court has rejected the application, I do not find any substance in this application and the same is rejected. Rule is discharged.
(S.G. SHAH, J)
Siddharth
Page 1 of 1
2 issues framed by the court
Whether the High Court should grant temporary bail for the petitioner-suspect charged under Section 302 IPC to attend a religious function in the family after the trial court has rejected the same.
Whether the High Court should interfere with the trial Court's order rejecting the bail application for absence requirement.
ILIYASHHUSSAIN JAKIRHUSSAIN NAGORI
STATE OF GUJARAT
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
