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CR.MA/1322/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1322 of 2011
In
CRIMINAL
APPEAL No. 1696 of 2006
=========================================
RAYAJIBHAI
DHULABHAI
Versus
THE
STATE OF GUJARAT & 1
=========================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR. R.C.KODEKAR, APP for Respondent(s)
: 1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 03/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
RULE.
Mr.
R.C.Kodekar, 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, Godhra,
has been convicted for the offence punishable under
Section 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 for a period of
30 days to enable him to attend marriage ceremony of his daughter,
which is scheduled on 7.2.2011.
We
have considered the submissions advanced by Mr.R.C.Kodekar, learned
APP for the Respondent – State of Gujarat and perused the
averments made in the application so also 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 6 years 1 month and 8 days
imprisonment and during the said period he has was enlarged on
temporary bail on one occasion and has also enjoyed Furlough Leave
on two occasions and on all the occasions, he has surrendered in
time. Only on one occasion he has surrendered late by one day.
Besides this, on perusal of the marriage invitation card, we have
noticed that the marriage of his daughter is fixed on 7.2.2011.
In
view of this, if the Applicant convict is released on temporary bail
for a period of 15 days from the date of his actual release, the
same would meet the ends of justice.
For
the foregoing reasons, the Application succeed in part and and is
accordingly partly allowed. The Applicant – Convict –
RAYAJIBHAI DHULABHAI 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 15 days 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)
(B.N.Mehta,J)
Jayanti*
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