Gujarat High Court grants Temporary Bail to a murder accused for fasting during Ramazan

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In Soylo Mahmad Hussain Kalal v. State of Gujarat, the accused Sohil was granted temporary bail on account of fasting during the month of Ramazan.

The application was heard via video conferencing by Justice Vireshkumar B. Mayani of the Gujarat High Court on 6 May 2020. Sohil, age 21, is a murder accused and is currently behind bars in the district jail near Gandhidham in Kutch district since May 2017.

The accused had placed an application before the trial court for his own Narco Test. The trial court had admitted his application but due to the COVID 19 pandemic, the same has not been conducted yet. This was a temporary bail application made by the accused.

The issue before the Court

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Whether temporary bail is granted to the accused on account of observing fast during Ramazan.

Petitioner’s Arguments

The arguments submitted on behalf of the accused, Sohil, were on the basis the certificate of appreciation issued by the jail authorities for his good conduct in the jail, his pending Narco Test application before the trial court and the pandemic situation due to the spreading of COVID 19.

The ground on which the temporary bail application for 30 days had been filed was fasting due to Ramazan. It was submitted that it would be impossible for the accused to observe this fast in the jail premises owing to the numerous restrictions in place.

Respondent’s Arguments

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The Assistant Public Prosecuted submitted that the crime of murder for which the applicant is accused of is that of a serious nature and hence the bail application should be rejected. He also submitted the jail report of the accused produced by the State.

Order of the High Court

The Gujarat High Court, considering the jail report produced by the State and also by looking at the period passed in the jail by the accused, the reason for temporary bail as well as his conduct, on 6 May 2020 passed an order granting the applicant temporary bail and allowed him to be released till 25 May 2020.

The applicant was to furnish a bond of five thousand rupees with usual terms and conditions and was ordered to surrender himself after the expiry of two weeks from his date of actual release before the concerned Jail Authority.


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