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CR.MA/3608/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3608 of 2011
In
CRIMINAL
APPEAL No. 1365 of 2007
=================================================
RAJU
RASIKBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance
:
THROUGH
JAIL for Applicant(s) : 1,
Mr.K.P. RAVAL, ADDL PUBLIC PROSECUTOR
for Respondent(s) : 1,
None for Respondent(s) :
2,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 17/03/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed by the convict through Jail seeking
temporary bail for a period of 21 days so as to perform post death
rituals on account of sad demise of the mother of the convict, who
died on 6th October 2010.
2. Rule.
Mr.K.P. Raval, learned Additional Public Prosecutor waives service
of rule on behalf of the respondent-State. The learned APP invited
attention of the Court to the Jail remarks.
3. The
applicant- appellant- original has by now undergone 4 years, 5
months and 2 days in Jail as on 10.03.2011. He has enjoyed temporary
bail once from 23.12.2010 to 05.01.2011. He is not able to enjoy any
furlough because the Police has given negative opinion and the surety
suggested by the convict was not ready to be surety.
This Court is
noticing that the Inspector General, Prison passed mechanical orders
without being mindful of the fact that even if the convict having
undergone for a period like 4 years in the present
case, the Police is giving negative opinion and on the ground that
surety is not ready to stand surety, the convict is deprived of his
furlough. The matter is required to be considered seriously by the
Inspector General, Prison, more particularly when the convict is
released by the order of this Court, that too waiving the execution
of surety. In the present case the Court granted temporary bail to
the present convict by order dated 26th October 2010 in
Criminal Misc. Application No.12421 of 2010, the relevant part of the
order reads as under:
“The
ground, even if sympathetically considered, the convict will have to
furnish surety. In view of the above, considering the facts and
circumstances, the applicant-convict is ordered to be released on
temporary bail for a period of two weeks from the date of his actual
release on condition that he furnishes surety of Rs. 1,000/- and
executes a personal bond in the sum of Rs. 5,000/-, and with
additional condition that upon expiry of the bail period, he shall
surrender to the jail authority. This application is allowed to the
aforesaid extent. Rule is made absolute accordingly.”
4. Later on, it
was brought to the notice of the Court that the convict is not able
to arrange for surety and an application was filed praying that the
condition of providing surety be deleted. The Court in Criminal
Misc. Application No.13636 of 2010 passed the following order on
08.12.2010:
“2. The
present application has been preferred by the applicant –
convict through the jail authorities for deletion of the condition of
surety of Rs.1,000/- since, as per him, there is nobody to stand as
surety.
3. It
appears from the earlier order passed by this Court read with the
jail report that he is being released for the first time and the
furlough has also become due. It is on account of his financial
condition, nobody is ready to stand as surety.
4. Hence,
considering the facts and circumstances, the earlier order dated
26.10.2010 shall stand modified to the effect that the condition of
furnishing surety of Rs.1,000/- shall stand deleted.”
(emphasis supplied)
5. The
Inspector General, Prison is expected to take the underlying message
in these two orders and pass appropriate orders in accordance with
law.
6. In view of
the above and for the contents of the application, the application is
allowed. The applicant- convict is ordered to be released on
temporary bail for 21 (twenty one) days from the date
of his release on his executing a personal bond of Rs.5000/- (Rupees
five thousand only) to the satisfaction of the Jail authorities.
7. The
applicant shall surrender himself to the Jail authorities on expiry
of the above temporary bail period. Rule is made absolute.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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