GAURAV JOGI

Sir L. A. Shah Law College

JOURNAL ASSIGNMENT

SECTION 2 (Part 4)

REPORT 1

Visited the online court of Hon’ble Justice Gita Gopi for the date
09.02.2022
Matter at Sr.41 was called upon. Learned Advocate for the applicant and
Public Prosecutor were present. The matter was pertaining to the
Criminal Misc Application for grant of temporary bail to the applicant for
a period of 30Days on grounds of making arrangements for the
repayment of loans.
It was submitted by the Learned Advocate for the Applicant that the
applicant has taken various loans by mortgaging his wife’s ornaments
and his own property. Now an advertisement for auction has been
published in the news paper for the auction of the gold ornaments as he
has not been able to repay the loans. Applicant is seeking temporary bail
for purpose of making arrangements of the funds for repayment of the
loan. It is further submitted that a person is ready to advance him
money for the repayment of loan but wants immediate pay back by sell
of his ornaments. Further it was submitted that the balance amount
after the sell of ornaments will be used to pay the loan amount for the
mortgage of the property. It was submitted by the Learned advocate for
the applicant that Hon’ble court may impose necessary conditions, if
required.
Matter was opposed by the Learned Assistant Public Prosecutor citing
the reason that previously also applicant was released on bail for 3 days
on 10 January 2022. Further, it was submitted that auction notice is old
of dated 22/12/2022 after which the applicant has been released on bail
once.
After hearing the matter, the application was accepted by the Hon’ble
court and bail was granted for the period from 14/02/2022 to
 20/02/2022 with the condition to produce all the relevant documents in
the court on 22/02/2022

REPORT 2

Visited the online court of Hon’ble Justice Gita Gopi for the date
15.02.2022
Matter was called upon. Learned Advocate for the applicant and Public
Prosecutor were present. The matter was pertaining to the Criminal
Misc Application for grant of temporary bail to the applicant for a period
of 3 Days on grounds of sister’s marriage.
It was submitted by the Learned Advocate for the Applicant that the
applicant had made an application before the Hon’ble trial Court for
granting the temporary bail which came to be rejected by the trial court
by an order dated 28/01/2022. Hence, applicant has made this
application for granting a temporary bail on account of sister’s marriage
on 18/02/2022.
It was submitted by the Learned Assistant Public Prosecutor that matter
had been verified and the marriage is to be solemnised in the “Samuh
Lagn” and the instructions of the samuh lagn itself contains that there
will only 5 people from the side of the bride and side of the groom owing
to the Covid-19 Pandemic. It was further submitted that the invitation
card that was submitted as evidence is also fictitious as it contains the
phrase “Jaan Prasthan”, which may not at all be in question as it was a
samuh lagn.
To this, the Learned Advocate for the applicant submitted that even
though the brother may not be able to attend the marriage ceremony,
he can still be able to attend the pre marriage ceremonies and can also
make arrangements for money required for marriage.
The Hon’ble justice didn’t seem to be convinced with the arguments
made by the Learned Advocate for the applicant citing the reason that
Father of the bride is alive and can make necessary arrangements for the
money. At the most she can order to make arrangement for camera so
that applicant can watch the marriage in the jail. Hon’ble justice asked
the Learned advocate whether she withdraws or want her to pass the
order.
 Finally, the Learned advocate for the petitioner withdrew the application
and matter was dismissed as withdrawn.

REPORT 3

Visited the online court of Hon’ble Justice Gita Gopi for the date
15.02.2022
Matter at Sr. No 38 was called upon. Learned Advocate for the applicant
and Public Prosecutor were present. The matter was pertaining to the
Special Criminal Application to grant suspension of the Condition 2(a)
and 2(f) imposed in Criminal Misc Application No. ____ of 2020 for
surrendering the passport to the investigating officer and not to leave
the territory without prior permission of trial court.
It was submitted by the Learned Advocate for the Applicant that the
lower court has been pleased to delete one condition but has not
suspended the condition for temporary period. Now the applicant is
willing to visit Australia to meet his son and grand children who are
residing there. It is further submitted that the applicant already holds
the visitor VISA of Australia and also points out the page no, where its
copy has been placed on records. As per the VISA, the length of stay is
12 months. It is submitted that even otherwise the applicant is not
entitled to stay there for a period beyond 12 months and hence there is
no question about running away.
Hon’ble Justice raised a query as of when will the criminal trial start to
which the Learned advocate for the applicant replied that trial has been
started and the applicant has filled a discharge application. Learned
Advocate further submitted that he is only seeking the suspension for a
period of months.
Assistant Public Prosecutor had not raised any objections to the
submission of the Learned Advocate for the applicant.
The Hon’ble justice was convinced and was inclined to pass an order
suspending the condition 2(a) and 2(f) for the period of 6months with
the further instructions to the petitioner to deposit the passport back to
the investigating officer within 1 week of the return.
REPORT 4

Visited the online court of Hon’ble Justice Gita Gopi for the date
16.02.2022
Matter at Sr. No 37 was called upon. Learned Advocate for the applicant
and Public Prosecutor were present. The matter was pertaining to the
Criminal Misc Application to grant temporary bail to the applicant who
has charges for GUJCTOK against him.
It was submitted by the Learned Advocate that temporary bail has been
granted by the Hon’ble Lower Court for five days with Police Japta on
the grounds of multiple disease of the mother. It was requested bythe
Learned Advocate of the Applicant to extend the bail to 10 Days without
Police Japta.
At the outset Hon’ble Justice refused to grant any extension of the
temporary bail or any removal of Police Japta for the GUJCTOK accused.
It was mentioned by the Hon’ble Justice that there was an incident
previously when an accused under GUJCTOK was granted temporary bail
without police Japta after which the accused has not surrendered till
date.
To this it was submitted by the Learned advocate for the petitioner that
Hon’ble court may please grant the extension of the bail to 10 days with
police Japta.
At this point it was submitted by the Learned Public Prosecutor that the
extension may be granted only by the Lower court which had granted
the bail. It was also pointed out by the Learned Public Prosecutor that
most of the accused of GUJCTOK are financers and have lots of money
and that is the reason they are able to effort the temporary bails with
police japtas. On the contrary a normal person would have requested for
the reduction in the number of days of the temporary bail owing to the
cost of the police japtas.
The hon’ble Justice seemed to be convinced by the arguments put
forward by the Learned Public Prosecutor and asked the Learned
Advocate for the applicant whether he withdraws or an order should be
passed by the court.
To this Learned Advocate withdrew the application and application was
dismissed as withdrawn.
REPORT 5

Visited the online court of Hon’ble Justice Gita Gopi for the date
17.02.2022
Matter at Sr. No 42 was called upon for urgent hearing. Learned
Advocate for the applicant and Public Prosecutor were present. The
matter was pertaining to the grant of temporary bail on the grounds of
ailing child of the applicant.
It was submitted by the Learned Advoate of the applicant that the child
of the applicant is suffering from respiratory problems and requires
hospitalisation and also pointed out the page no.of the certificate from
doctor.
To this it was submitted by the Learned Assistant Public Prosecutor that
the certificate on which the Learned Advocate of the applicant is relying
upon is of the date 26.01.2022 and today is 17.02.2022. It may not be
believed that child still requires hospitalization on this day.
Hon’ble Justice was convinced on this arguments and asked to the
Learned Advocate that which mother will wait for the father for 19 Days
when his own child requires hospitalisation. Hence, grounds put forward
does not suffice for granting of the temporary bail to the applicant.
To this it was submitted by the Learned Advocate of the applicant that
the applicant is accused under the charges of IPC 420 and 406 and hence
may be considered for the grant of the temporary bail. It was further
submitted that the age of the child is only 1 year and 1 month and hence
sympathy may be shown by the Hon’ble court in this case
On this submissions, the Hon’ble court was convinced and was inclined
to grant a temporary bail to the applicant. Accordingly, anorder granting
7 days of temporary bail was passed by the Hon’ble Court