Gujarat High Court Case Information System
Print
CR.MA/6228/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6228 of 2008
In
CRIMINAL
APPEAL No. 1079 of 2006
=======================================================
GIRIRAJSIGH
BHAGVANTSIGH @ BHAGUBHA JADEJA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=======================================================
Appearance :
MS
KD PARMAR for Applicant(s) : 1,
MR HL JANI APP for Respondent(s) :
1-2,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.H.SHUKLA
Date
: 26/05/2008
ORAL
ORDER
Having
regard to the facts of the case, the application is taken up for
hearing today.
The
applicant ? convict prisoner is convicted for the offence
punishable under Section 302 of the Indian Penal Code by judgment
and order dated 26.04.2006 in Sessions Case No.49 of 2004 by the
Learned Additional Sessions Judge, Rajkot and is sentenced to
imprisonment for life.
The
applicant ? convict prisoner has filed the present application for
grant of temporary bail for a period of four weeks days on the
ground of repairing of the house. Therefore, rule was issued and
directed the Learned
A.P.P., Mr.H.L. Jani to verify and submit the report.
Heard
learned counsel for the applicant, Ms.K.D. Parmar and Learned
Additional Public Prosecutor,
Mr.H.L. Jani for the respondents. We have also gone through the jail
remark sheet submitted by the learned APP.
It
transpires from the jail remark sheet that the applicant ? convict
prisoner has already undergone more than three years of sentence and
during that period, he has availed of temporary bail for a period of
only three days. Therefore, considering the fact that the convict
prisoner has not availed any temporary bail in the recent past, this
Court is of the opinion that if the applicant ? convict prisoner
is released on temporary bail for a period of 15 days, it would meet
the ends of justice.
For
the foregoing reasons, the application succeeds in part.
Accordingly, it is partly allowed. The applicant ? convict
prisoner is ordered to be released on temporary bail for a period of
15 (Fifteen) Days from the date of his actual release
on executing a personal bond of Rs.5000/- before the jail authority
on usual terms and conditions.
The
applicant ? convict prisoner 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 to the aforesaid extent. Direct
service is permitted.
(R.H.Shukla,
J)
/patil
Top