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CR.MA/5179/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5179 of 2011
In
CRIMINAL
APPEAL No. 1705 of 2009
=========================================================
DHEDABHAI
@ DHIRUBHAI BABARBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
BANNA S DUTTA for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 26/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present
application is filed by the applicant-convict for grant of regular
bail under Section 389 of the Code of Criminal Procedure.
2. Rule was issued by
this Court on 21.04.2011 returnable today, i.e. 26.04.2011.
3. Learned APP
Mr.Pandya made available for perusal the jail remarks. The applicant
is convicted for an offence under Sections 302, 114 and 326 of the
Indian Penal Code and also under Section 135 of the Bombay Police
Act. He is awarded life imprisonment, fine of Rs.5000/- and in
default, 2 years’ imprisonment. He is convicted on 24.08.2009. By
23.04.2011, he has undergone 3 years, 7 months and 4 days.
3.1 On 15.11.2010, the
Court granted him temporary bail for a period of 6 months on account
of ailment by which he is suffering, i.e. Ischemic
Cerebrovascular Stroke. He is suffering from paralytic attack.
4. Learned Advocate
Ms.Banna Dutta places on record a xerox copy of certificate issued by
the Assistant Professor of Orthopedics, Government Medical College &
New Civil Hospital, Surat, wherein it is stated that the applicant is
65% permanently physically disabled. Learned Advocate for the
applicant submitted that without the help of family member, he is not
comfortable in discharging even his daily routine. He is also under
medical treatment. In view of that, learned Advocate for the
applicant requested that as an exceptional case, he be granted
regular bail.
5. The
applicant is present in the Court. The Court has seen his movement
in the Court. With difficulty, he could come forward with assistance
of his wife, who is also present in the Court. On inquiry, he states
that he has two sons, but they are also convicted and are in jail.
At present, he is supported by his wife.
His wife stated that by doing petty labour work, she is maintaining
herself and her husband.
6. Taking into
consideration the aforesaid exceptional circumstances, the Court
deems it proper to allow the present application and suspend the
sentence of life imprisonment.
7. Accordingly
the application is allowed. The sentence of life imprisonment
imposed by the learned District Judge, Valsad in Sessions Case No.56
of 2007 is suspended till the final disposal of the main Criminal
Appeal. The applicant is ordered to be released on regular bail on
his executing a personal bond of Rs.5,000/- (Rupees Five Thousand
Only) to the satisfaction of the Jail authorities, and
subject to the conditions that he shall;
not
take undue advantage of liberty or abuse liberty;
maintain
law and order;
not
act in a manner injurious to the interest of the prosecution;
furnish
the present address of residence to the I.O. and also to the lower
Court at the time of execution of the bond and shall not change the
residence without prior permission of this Court;
mark
his presence before the concerned Police Station once in a month
more particularly between 1st and 10th of
month between 10.00 a.m. And 2.00;
not
leave the limits of the country without prior permission of this
Court;
surrender
passport, if any, within a week to the lower Court;
8. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
9. Bail
before the lower Court having jurisdiction to try the case.
10. Rule is made
absolute.
A copy of this order
be made available to learned APP Mr.Pandya for its onward
communication.
Registry is directed
to communicate this order to the jail authorities.
(Ravi
R.Tripathi, J.)
(P.P.Bhatt,
J.)
*Shitole
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