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CR.MA/6606/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6606 of 2008
In
CRIMINAL
APPEAL No. 1917 of 2005
=======================================================
JAVEDHUSSAIN
HAJIAHMED RAMJANI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=======================================================
Appearance :
MS
SADHANA SAGAR for Applicant(s) : 1,
MR RC
KODEKAR APP for Respondent(s) :
1-2,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.H.SHUKLA
Date
: 26/05/2008
ORAL
ORDER
Having
regard to the facts of the case, the application is taken up for
hearing today.
The
present application has been filed by the applicant – brother of the
convict prisoner viz., Javedhussain
Hajiahmed Ramjani, who has been convicted for the
offence punishable under Section 302 of the Indian Penal Code by
judgment and order dated 30.12.2003 in Sessions Case No.161 of 2001
by the Learned Additional Sessions Judge, Ahmedabad and is sentenced
to imprisonment for life for grant of temporary bail for a period of
four weeks on the ground of attending engagement ceremony of his son
viz., Sabbirhussain, which is fixed on 31.05.2008 (01.06.2008).
Therefore, rule was issued and directed the Learned
Additional Public Prosecutor,
Mr.Kodekar to verify and submit the report.
Heard
learned counsel for the applicant, Ms.Sadhna Sagar and Learned
Additional Public Prosecutor,
Mr.R.C. Kodekar for the respondents. We have also gone through the
jail remark sheet along with the report submitted by the learned
APP.
Report
submitted by the Learned
Additional Public Prosecutor,
Mr.R.C. Kodekar confirms the engagement of the son of the convict
prisoner. However, on the basis of the statement recorded, it has
been reported by the Senior Police Inspector, Gaekwad Haveli Police
Station that there is apprehension of disturbance of peace as the
house of the convict prisoner is also in the Jamalpura area itself.
Therefore, in view of the reasons mentioned and considering the
submissions, this Court is of the opinion that for the ground
mentioned about the engagement of the son, the convict prisoner, who
is father, is required to be released on temporary bail for a period
of one week, which would meet the ends of justice.
For
the foregoing reasons, the application succeeds in part.
Accordingly, it is partly allowed. The convict prisoner viz.,
Javedhussain
Hajiahmed Ramjani is ordered to be released on
temporary bail with effect from 29.05.2008 to 05.06.2008
on executing a personal bond of Rs.5000/- before the jail authority
and subject to the conditions
that he shall;
(a) not take undue
advantage of his liberty or abuse his liberty;
(b) mark his presence
before Gaekwad Haveli Police Station on 3rd June, 2008;
The
applicant ? convict prisoner shall surrender to the jail authority
on completion of the aforesaid temporary bail period without fail.
Rule
is made absolute to the aforesaid extent. Direct
service is permitted.
(R.H.Shukla,
J)
/patil
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