IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 10033 of 2001
in
CRIMINAL APPEALNo 660 of 1998
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MAHENDRASOMJ KANAKSINH MAHIDA
Versus
STATE OF GUJARAT
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Appearance:
THROUGH JAIL for Petitioner No. 1
MR RM CHAUHAN, APP for Respondents
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CORAM : MR.JUSTICE J.M.PANCHAL
and
MR.JUSTICE J.R.VORA
Date of Order: 11/01/2002
ORAL ORDER
(Per : MR.JUSTICE J.M.PANCHAL)
Rule. Mr. R.M. Chauhan, learned APP waives
service of notice of rule on behalf of the respondents.
Having regard to the facts of the case, the Application
is taken up for final disposal today. By submitting this
Application through the Jail Superintendent, Central
Jail, Baroda, the prisoner i.e. Mahendrasinh Kanaksinh
Mahida, who is undergoing sentence of R.I. for ten
years, has prayed that either Appeal filed by him be
heard immediately or he be granted regular bail during
the pendency and final hearing of the appeal. It needs
to be mentioned that the prayer for bail made by the
convict was refused while admitting his appeal and no
change in circumstances is pointed out by the convict to
claim the same relief again. Further, the convict had
filed Misc. Criminal Application No. 8680/2001 claiming
the relief of temporary bail for a period of 90 days so
as to enable him to take care of his family members. The
said application was rejected by the Division Bench
comprising K.R. Vays and A.H. Mehta, JJ vide order
dated 26th November, 2001. The appeals filed by other
convicts earlier than the convict are awaiting for final
disposal and no case is made out by the applicant as to
why priority should be given to him in the matter of
final hearing. Under the circumstances, this prayer is
also liable to be rejected.
For the foregoing reasons, the Application fails
and is rejected. Rule is discharged.
(J.M. Panchal, J.)
(J.R. Vora, J.)
p.n.nair