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CR.MA/7754/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7754 of 2010
In
CRIMINAL
APPEAL No. 2262 of 2004
=========================================================
KISHORBHAI
VIRABHAI - Applicant(s)
Versus
THE
STATE OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR LB 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
: 03/08/2010
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 29/10/2004 rendered in Sessions Case No. 122 of 2000 by the
Ld. Addl. Sessions Judge, Court No. 5, District Rajkot at Gondal,
has been convicted for the offence punishable under Sections 302,
etc. of the Indian Penal Code and sentenced to imprisonment for
life, has filed this application through jail authority, praying to
enlarge him on temporary bail of 60 days to enable him to get
renovation of his house which has become dilapidated.
We
have considered submissions advanced by Mr. L.B. Dabhi, Ld. APP for
the respondent – State of Gujarat. We have also perused the
averments made in the application and also the supporting documents
that form part of the application and the jail remark sheet
forwarded by the jail authority along with the application.
Upon
perusal of the jail remark sheet, we have noticed that the applicant
has undergone total period of 9 years and 6 months’ imprisonment
and during that period, he was released on furlough leave on five
occasions. While enjoying last furlough leave I.e. in the year 2008,
he has not surrendered before the jail authority and he has
absconded for a period of 34 days and thereafter, he has
surrendered. Beside this, the conduct in the jail is also not
satisfactory and he was convicted under the Prisons Act and sentence
of fine of Rs.400/-, indefault of payment of fine, simple
imprisonment for 60 days was awarded.
In
view of the aforesaid, we are not inclined to enlarge the applicant
on temporary bail for a period of 60 days for the ground stated by
him. However, since the applicant has undergone total period of 9
years and 6 months’ imprisonment as against the life imprisonment,
so also the paper book is ready, according to us, if the hearing
of the appeal is expedited, the same would meet the ends of
justice.
For
the foregoing reasons, the Application fails and accordingly it is
rejected. However, on the facts and circumstances emerging on the
record of the case, Registry is directed to notify the above
numbered Criminal Appeal on final hearing board in seriatim. Rule
is discharged.
(A.M.Kapadia,J)
(J.C.Upadhyaya,J)
*
Pansala.
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