Gujarat High Court Case Information System
Print
CR.MA/1055320/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10553 of 2008
=========================================
BHARATBHAI
PUNJABHAI
Versus
STATE
OF GUJARAT & ANR
=========================================
Appearance :
THROUGH
JAIL for Applicant
MS DS PANDIT APP for
Respondents
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 12/08/2008
ORAL
ORDER
:(Per : HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP Ms. D.S. Pandit, waives service of notice of Rule on
behalf respondent State.
The
convicted prisoner, through jail, forwarded this application for
temporary bail for a period of 45 days on the ground that his parents
are old and that there are only two brothers and both are in jail
and, therefore, with a view to maintain his family, he be enlarged
on temporary bail for 45 days. Considering the jail remarks sheet,
it transpires that the convicted prisoner was sentenced to undergo
imprisonment for 10 years in connection with the offence punishable
under Section 364 of the Indian Penal Code by judgment and order
passed by the Additional Sessions Judge, Godhra, in Sessions Case
No. 34 of 2005. Considering the record of Criminal Misc. Application
No. 7504 of 2008, vide order dated 16th of June, 2008
when the convicted prisoner requested for temporary bail for 15 days,
on the ground of attending after death ceremony of his brother, in
the said order, it was categorically observed that the applicant has
other five real brothers, who can also perform after death ceremony
of his brother. Thus, the applicant has other five brothers and they
can attend the family members who are parents of the applicant.
Under the circumstances, no just and sufficient reason is available
to enlarge the convicted prisoner on temporary bail, as requested. In
the result, the application is dismissed. Rule is discharged.
(J.
R. VORA, J.)
(J.C.UPADHYAYA,
J.)
pnnair
Top