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CR.MA/4734/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4734 of 2011
In
CRIMINAL
APPEAL No. 2872 of 2008
=========================================================
HIDAYATKHAN
BISMILLAKHAN PATHAN,THRO'PATHAN LIYAKATKHAN BIS - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
for Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 04/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
matter was mentioned in the morning by Pathan Liyakatkhan
Bismillakhan – brother of the convict for urgent circulation
for grant of temporary bail. Permission was granted.
Papers
are received from the Registry. On perusal of the papers, it is
noticed that Criminal Appeal No.2878 of 2008 is listed with
Confirmation Case No.3 of 2008 and other appeals being Criminal
Appeal Nos.2663, 2799 and 3068 of 2008. Learned Special Judge and
2nd Fast Track Court, Nadiad in Special NDPS Case No.1 of
2004 imposed the punishment of death to accused No.1 – Anwar
Shaikh Amir Shaikh Baig @ Raju, whereas learned Judge convicted
accused No.2 for the offence punishable under Sections 8(c) read with
Sections 20(b) and 29 of the NDPS Act and awarded 10 years rigorous
imprisonment and fine of Rs.1 lakh, in default, to undergo 2 years
rigorous imprisonment. Similarly, accused No.3 – present
applicant’s brother was also convicted for the offence punishable
under Sections 8(c) read with Sections 20(b) and 29 of the NDPS Act
and he too is awarded 10 years rigorous imprisonment and fine of Rs.1
lakh, in default, to undergo 2 years rigorous imprisonment. Learned
Judge also ordered to give set off to accused Nos.2 and 3 for the
period they were in jail as under trial prisoners against the
sentence imposed on them. Taking into consideration the aforesaid
facts, it is not possible to release the brother of the applicant on
temporary bail.
Taking
into consideration the contents of the certificate given by the
President, Nagarpalika Balasinor stating therein that the father of
the convict is aged 80 years and at present he is bed ridden due to
illness and there is marriage of the son of the elder brother of the
convict and, therefore, there is necessity of he being granted
temporary bail and taking into consideration the nature of offence
and gravity thereof, this Court asked the applicant to consider for
release of the convict with police escort. The applicant prayed for
time to consult his family members.
The
applicant reports that it will not be possible for him to get convict
released with police escort at his own costs. In view of that, the
application is rejected.
(RAVI
R.TRIPATHI,J)
(P.P.BHATT,J)
pathan
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