IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 3018 of 2003
in
CRIMINAL APPEALNo 233 of 1999
with
CRIMINAL MISC.APPLICATION No 2936 of 2003
in
CRIMINAL APPEAL NO 233 of 1999
For Approval and Signature:
Hon'ble MR.JUSTICE D.K.TRIVEDI
and
Hon'ble MR.JUSTICE J.R.VORA
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1. Whether Reporters of Local Papers may be allowed : YES
to see the judgements?
2. To be referred to the Reporter or not? : NO
3. Whether Their Lordships wish to see the fair copy : NO
of the judgement?
4. Whether this case involves a substantial question : NO
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the concerned : NO
Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals?
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NARANJI HARJIJI THAKOR THRO’LADJIJI HARJIJI THAKOR
Versus
STATE OF GUJARAT
————————————————————–
Appearance:
1. Criminal Misc.Application No. 3018 of 2003
MS SMITA R PATEL for Applicant No. 1-2
MR LR POOJARI APP for Respondent No. 1
2. Criminal Misc.Application No. 2936 of 2003
MS KD PARMAR for Applicant No. 1-2
MR LR POOJARI APP for Respondent No. 1
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CORAM : MR.JUSTICE D.K.TRIVEDI
and
MR.JUSTICE J.R.VORADate of decision: 02/05/2003
COMMON ORAL JUDGEMENT
(Per : MR.JUSTICE D.K.TRIVEDI)Rule. Mr. Poojari, learned Add. PP. waives
service of Rule on behalf of respondent State in both the
applications. By consent of the counsel appearing in the
matter, Rule is fixed forthwith.
Criminal Misc. Application No. 3018 of 2003 is
filed by brother of the convict praying for temporary
bail of convict applicant no. 1 – Naranji Harjiji Thakor
and applicant no. 2 – Dharji Harjiji Thakor for a period
of 30 days on the ground that marriages of daughter of
convict Naranji – “Bhavna” and son of the convict Naranji
“Mahadev” are scheduled on 10th May, 2003 and 14th May,
2003 respectively. The application is supported with an
affidavit of Ladjiji Harjiji Thakor, brother of the
convict dated 20th April, 2003. The applicant has
alongwith the application annexed the invitation card
(Kankotri) of marriage ceremony of daughter and son of
convict Naranji Harjiji Thakor, which shows that the
marriages of Bhavnaben – daughter of convict Naranji
Thakor and Mahadev – son of convict Naranji Thakor is
scheduled on 10th May, 2003 and 14th May, 2003
respectively. The present application is filed by Ms.
Patel, learned advocate on 28th April, 2003 and a note
for circulation of the matter was filed on 28th April,
2003.
2.The convict Naranji Harjiji Thakor has earlier
filed one application being Criminal Misc. Application
No. 2936 of 2003 for temporary bail on the same ground
through advocate Ms. K.D. Parmar on 25th April, 2003
with the Vakalatnama of Shri Naranji Harjiji Thakor,
attested by the Jailor dated 23rd April, 2003 and
advocate Ms. Parmar had also obtained no objection from
the advocate Shri Bhavsar, who has filed Criminal Appeal
being Criminal Appeal No. 233 of 1999, which is pending
for final hearing. The said application was notified
before us today and at that time, Ms. Patel, learned
advocate appearing in Criminal Misc. Application No.
3018 of 2003 brought to our notice that Shri Ladjiji
Harjiji Thakor – brother of the convict had filed
application on the similar ground for release of the
convict Naranji Harjiji Thakor and his brother Dharji
Harjiji Thakor. Accordingly, we have called the papers
of Criminal Misc. Application No. 3018 of 2003 from the
department. As observed earlier, once the application
for temporary bail is filed by both the accused in
Criminal Misc. Application No. 3018 of 2003 and even as
the objection is raised by the office while filing that
application that the applicant has not disclosed that a
separate application is filed by Naranji Harjiji Thakor
for temporary bail on the same ground being Criminal
Misc. Application No. 2936 of 2003 on 25th April, 2003.
Accordingly, we are not passing any order in Criminal
Misc. Application No. 2936 of 2003 and the said
application is disposed of as not survive for our
consideration.
3.As found from the Criminal Misc. Application No.
3018 of 2003, the marriages of daughter and son namely
Bhavnaben and Mahadev of the convict – Naranji Harjiji
Thakor is scheduled on 10th May, 2003 and 14th May, 2003
respectively and as the applicant no. 1 Naranji Harjiji
Thakor being a father of the daughter and son and
applicant no. 2 Dharji Harjiji Thakor being a uncle,
their presence is necessary in the marriage and the
applicant has prayed that convict be released on
temporary bail.
4.Mr. Poojari, learned APP has furnished the jail
reports of both the accused, which show that the convicts
are convicted by the learned Additional Sessions Judge,
Palanpur for the offences punishable under Section 302 of
the IPC on 10.2.1999 and were ordered to suffer RI for
life. The applicant no. 1 – Naranji Thakor is in jail
for a period of 4 years and 5 months and twice he was
released on bail for 10 days and 15 days respectively and
he has also enjoyed furlough for 14 days between
30.4.2001 to 12.5.2001 and all the times, the applicant
no. 1 had surrendered to the jail authority in time.
5.The jail report of applicant no. 2 – Dharji
Harjiji Thakor shows that he is in jail for more than 4
years and he was also released on temporary bail for a
period of 15 days in the month of October, 2001 on
account of repairing of house and once he was released on
furlough for 14 days between 16th May, 2001 to 31st May,
2001 and all the times, he has also surrendered to the
jail authority in time.
6.The convict of Criminal Misc. Application No.
3018 of 2003 being father and uncle of Bhavnaben and
Mahadev, whose marriages are scheduled on 10th May, 2003
and 14th May, 2003 respectively and as their presence are
necessary in marriages, we are inclined to release the
convict Naranji Harjiji Thakor and Dharji Harjiji Thakor
on temporary bail for a period of 7 days from 9th May,
2003 to 16th May, 2003 on furnishing personal bond of
Rs.3000=00 (Rs. Three Thousand only) each with the jail
authority on usual terms and conditions. The convict
shall not leave the jurisdiction of Gujarat State during
the period of temporary bail and they shall surrender to
the jail authority in time. Rule is made absolute in
above terms. Direct service permitted.
(D.K. Trivedi, J.)
(J.R. Vora, J.)
pallav