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CR.MA/8259/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8259 of 2010
In
CRIMINAL
APPEAL No. 1696 of 2006
=========================================
RAIJIBHAI
DULABHAI BARIYA
Versus
STATE
OF GUJARAT & 1
=========================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR. L.B.DABHI, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 27/07/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
RULE.
Mr.
L.B.Dabhi, learned APP appears and waives service of notice of Rule
on behalf of the Respondent State of Gujarat.
Having
regard to the facts of the case, the application is taken up for
hearing today.
The
applicant convict prisoner, who, vide judgment and order dated
8.6.2006 rendered in Sessions Case No.10 of 2005 by the learned
Additional Sessions Judge, Panchmahal at Godhra, has been convicted
for the offences punishable under Sections 302 etc. of the Indian
Penal Code and sentenced to suffer imprisonment for life, has filed
this application through jail, praying to enlarge him on temporary
bail for a period of 30 days, to enable him to cultivate his land.
We
have considered the submissions advanced by Mr. L.B.Dabhi, learned
APP for the Respondent State of Gujarat and perused the
averments made in the application and the supporting documents that
form part of the application. We have also gone through the jail
remark sheet forwarded by the jail authority.
Upon
perusal of the jail remark sheet, we have noticed that the Applicant
convict prisoner has undergone total period of 5 years, 8
months and 10 days of imprisonment and during the said period he was
enlarged on temporary bail on two occasions. Lastly, he was enlarged
on temporary bail in the year 2009. Thereafter he has not enjoyed
any leave. On all the occasions he has surrendered in time and
there is no jail punishment. Besides this, the son of the Applicant
namely Mukesh Raijibhai and his brother namely Ratan Singh are also
in jail in the very offence.
In
view of this, we deem it expedient to consider the plea of the
Applicant convict prisoner to release him on temporary bail
for a period of 15 days from the date of his actual release, which
would meet the ends of justice.
For
the foregoing reasons, the Application succeed in part and is partly
allowed. The Applicant convict prisoner RAIJIBHAI
DULABHAI BARIYA is ordered to be released on
temporary bail for a period of 15 days from the date of his actual
release on executing a personal bond of Rs.5,000/- before the jail
authority on usual terms and conditions. The applicant shall
surrender to the jail authority on completion of one week from the
date of his release without fail. During the period of temporary
bail, the applicant shall not abuse the liberty granted to him and
shall maintain law and order. Rule is made absolute accordingly to
the aforesaid extent.
Direct
service is permitted.
(A.M.Kapadia,J)
(J.C.Upadhyaya,J)
Jayanti*
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