Gujarat High Court: The Bench of V.P. Patel, J., allowed the application filed for temporary bail under Section 439 of the Code of Criminal Procedure to release the applicant-accused on temporary bail on the ground of medical treatment of the son of the applicant as he was injured by cow.
The facts of the case were that the applicant-accused’s son was injured which was proven by the medical report submitted with the application. The father and uncle of the applicant were also in jail. The other brother of the applicant was enlarged on bail but on the condition of not entering into the territory of the district. Therefore, he was not in a position to take care of the son of the applicant. While opposing the application, the respondent vehemently submitted that the applicant-accused was involved in a murder case and the sister of the deceased who was an eye-witness of the murder case was also killed by the associates of the present applicant.
The Court stated that the object of the parole is to enable the inmate to maintain continuity with his family life and deal with the family matter; to save the inmate from the evil effects of continuous prison life; to enable the inmate to maintain constructive hope and active interest in the life. Thus taking into account the fact that the applicant was not released on temporary bail since more than two and a half years and considering the pitiable condition of the son of the applicant the application was allowed. [Parmar Jigneshbhai Raghubhai v. State of Gujarat, 2019 SCC OnLine Guj 843, decided on 14-05-2019]
