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CR.MA/16/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 16 of 2011
In
CRIMINAL
APPEAL No. 2233 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
RAKESH
DAMODARJI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR. LB DABHI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 10/01/2011
ORAL
JUDGMENT
(Per : HONOURABLE
MR.JUSTICE A.M.KAPADIA)
1. Rule.
Mr. LB Dabhi, learned Addl. Public Prosecutor waives service of
notice of rule on behalf of the respondent – State of Gujarat.
2. Having
regard to the facts of the case, the application is taken up for
hearing today.
3. The
applicant – convict prisoner, who, by judgment and order dated
29.10.2009 rendered in Sessions Case No.155 of 2006 by the learned
Sessions Court,
Palanpur, has been convicted for the offence
punishable under Sections 302 and 323 of the Indian Penal Code and
sentenced to imprisonment of 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 the after death
ceremony of his maternal grand father, who has died on 12.12.2010.
4. We
have gone through the application and the supporting documents that
form part of the application and have considered the submissions
advanced by Mr. LB Dabhi, learned Public Prosecutor for the
respondent – State of Gujarat. We have also gone through the
jail remarks sheet forwarded by the jail authority.
5. Upon
perusal of the jail remarks sheet, we have noticed that the
applicant has undergone total period of 1 years 4 months and 26 days
imprisonment as against the imprisonment for life awarded to him.
That apart, ground stated by the applicant to attend the after death
ceremony of his maternal grand father cannot be considered for
enlarging him on temporary bail.
6. In
view of this, we are not inclined to grant temporary bail in favour
of the applicant.
7. For
the foregoing reasons, the application fails and it is accordingly
rejected. Rule is discharged.
(A.M.KAPADIA,
J.)
(BANKIM.N.MEHTA,
J.)
shekhar/-
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