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CR.MA/8258/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8258 of 2010
In
CRIMINAL
APPEAL No. 443 of 2007
=========================================
MUKESHBHAI
RAIJIBHAI BARIYA
Versus
STATE
OF GUJARAT & 1
=========================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR. L.B.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
: 23/08/2010
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.
By
filing instant application, the applicant convict – prisoner,
who has been convicted vide judgment and order dated 8.6.2006
rendered in Sessions Case No.10 of 2005 by the learned Additional
Sessions Judge, Godhra, for the offences 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 for a period of 30 days, to enable him
to cultivate his land.
We
have considered the submissions advanced by Mr. L.B.Dabhi, learned
APP for the Respondent State of Gujarat and perused the
averments made in the application and the supporting documents that
form part of the application. We have also gone through the jail
remark sheet submitted by the learned APP.
Upon
perusal of the jail remark sheet, we have noticed that the applicant
has undergone 5 years, 8 months and 9 days of imprisonment, and
during the said period he was enlarged on temporary bail on one
occasion and has enjoyed Furlough Leave on two occasions and on all
the occasions he has surrendered in time. Besides this, his father
and uncle, both are in jail who have been convicted and sentenced
for the very offences, and therefore obviously, there is no other
major male member in the family who can cultivate the land. The
aforesaid fact is supported by the certificate issued by the
Sarpanch, Padaradi Gram Panchayat, Taluka Dhodamba, District Panch
Mahal.
In
view of this, we deem it expedient to enlarge the Applicant on
temporary bail for a period of 15 days, which would meet the ends of
justice.
For
the foregoing reasons, the application succeed in part and
accordingly it is partly allowed. The Applicant convict
prisoner – MUKESHBHAI
RAIJIBHAI BARIYA 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)
(J.C.Upadhyaya,J)
Jayanti*
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