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CR.MA/81/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 81 of 2011
In
CRIMINAL
APPEAL No. 1576 of 2008
=========================================
RANJIT
CHHOTABHAI
Versus
STATE
OF GUJARAT & ANR
=========================================
Appearance :
THROUGH
JAIL for
Applicant
MR LB DABHI APP for Respondent No. 1
None for
Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 12/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1 RULE.
2 Mr.
L.B. Dabhi, learned APP appears and waives service of notice of Rule
on behalf of the respondent – State of Gujarat.
3 Having
regard to the facts of the case, the application is taken up for
hearing today.
4
The applicant – convict prisoner, who vide judgment and order dated
10.4.2008, rendered in Sessions Case No. 78 of 2008, by the learned
Additional Sessions Judge, Nadiad, has been convicted for the offence
punishable under Sections 363 and 376 of the Indian Penal Code and
sentenced to undergo rigorous imprisonment of 10 years, has filed
this Application, through jail authority, praying to enlarge him on
temporary bail, for a period of 30 days, to enable him to render
financial assistance to his family members who are starving on
account of paucity of funds.
5 We
have considered the submission made by Mr. L.B. Dabhi, learned APP
for the respondent- State of Gujarat. We have also perused the
averments made in the application. We have also gone through the
jail remarks sheet forwarded by the jail authority along with the
application.
6 Upon
perusal of the jail remarks sheet, we find that the applicant has
undergone total period of imprisonment of 3 years, 8 months and 10
days. During the said period he has enjoyed only one furlough in
2009 and has surrendered in time. There is no jail punishment.
Besides this, his jail conduct is good. In view of the aforesaid,
if the applicant is released on temporary bail for a period of 15
days from the date of his actual release, the same would meet the
ends of justice.
7 For
the foregoing reasons, the Application succeeds in part.
Accordingly, it is partly allowed. The applicant – convict prisoner
– RANJIT
CHHOTABHAI
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 should not
abuse the liberty granted to him and shall maintain law and order.
8 Rule
is made absolute accordingly to the aforesaid extent.
(A.M.KAPADIA,
J.)
(BANKIM.N.MEHTA,
J.)
pnnair
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