HONOURABLE MR.JUSTICE A.J. SHASTRI Date : 18/01/2017 ORAL ORDER (PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)
1. Rule. Mr. Hardik Soni, learned APP waives service of notice of rule for and on behalf of respondent State. By consent, Rule is fixed forthwith.
2. The applicant has takenout this application for extension of temporary bail, which came to be granted vide order dated 30th December 2016 passed in Criminal Misc. Application No.35144 of 2016 in Criminal Appeal No.749 of 2012. The reason for seeking extension of temporary bail is to attend the marriage ceremony of his niece, which is fixed on 22nd January 2017. The invitation card is produced on record R/CR.MA/1512/2017 ORDER and veracity whereof is not challenged.
3. We are therefore, of the view that this is a case in which the discretion is required to be exercised in favour of the applicant for extending his temporary bail to attend the marriage ceremony of his niece, which is fixed on 22nd January 2017. Hence, we are hereby extend the temporary bail on the same terms and conditions mentioned in the order dated 30th December 2016 passed in Criminal Misc. Application No.35144 of 2016 in Criminal Appeal No.749 of 2012, for the further period of 04 days and he shall surrender to the Jail Authority on expiry of the extended temporary bail period before 5:00 p.m.
4. Application is partly allowed. Rule made absolute to the aforesaid extent. Direct service permitted today. (S.R.BRAHMBHATT, J.) (A.J. SHASTRI, J.) Rathod...
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