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CR.MA/1830/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1830 of 2011
In
CRIMINAL
APPEAL No. 1116 of 2008
=========================================================
JAMILBAPU
IQBALBAPU KADRI, THRO' SHARIFA JAMILBAPU KADRI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
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
: 11/02/2011
ORAL
ORDER
(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
8.2.2008 rendered in Sessions Case No.19 of 2000 by the learned
Additional Sessions Judge,
Fast Track Court No.7, Rajkot at Gondal camp at
Dhoraji has been convicted for the offence punishable under Section
302 etc. of the Indian Penal Code and sentenced imprisonment of
life, has filed this application through his wife Sharifa Jamilbapu
Kadri praying to enlarge him on temporary bail for a period of 30
days, to enable him to construct the grave of his mother, who has
died on 15.10.2010.
4. We
have considered submissions advanced by Sharifa Jamilbapu Kadri,
party-in-person and Mr. LB Dabhi, learned APP for the respondent –
State of Gujarat. We have also considered the averments made in the
application and the supporting document as well as the earlier order
passed by this Court so also the jail remark sheet.
5. Upon
perusal of the jail remark sheet, we have noticed that the applicant
has undergone total period of 2 years 11 months imprisonment as
against the imprisonment of life. During the short span of
imprisonment, he was granted temporary bail on four occasions and
also granted one furlough leave. He was also released on temporary
bail to perform the after death ceremony of his mother vide order
dated 15.11.2010 rendered in Criminal Misc. Application No.13657 of
2010 by the Coordinate Bench of this Court from the date of passing
the order to 25.11.2010.
6. In
view of this, since the applicant was released in resent past to
perform the after death ceremony of his mother, we are not inclined
to grant temporary bail in favour of the applicant.
7. For
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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