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CR.MA/13245/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13245 of 2009
In
CRIMINAL
APPEAL No. 2126 of 2009
=================================================
LALJIBHAI
MANGALAJI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance
:
MR
PM LAKHANI for Applicant(s) : 1,MRS RP LAKHANI for Applicant(s) :
1,
Mr.DEVANG VYAS, ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 02/02/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is titled as, successive bail application
under section 389 of the Code of Criminal Procedure, 1973 for
suspension of sentence pending the appeal and releasing the applicant
on bail . It is also set out in the title itself that, earlier
application was Criminal Misc. Application No.12368 of 2009, which
was not pressed on 03.11.2009 .
2. Heard
learned advocate Mr.P.M. Lakhani for the applicant-convict. The main
ground which is pressed into service is the mental health of the
applicant-convict. The offence is punishable under section 307 of
the Indian penal Code. The sessions case is No.35 of 2007. By
judgement and order dated 7th October 2009, the applicant
is awarded eight years of simple imprisonment and fine of Rs.1000/-;
in default one month simple imprisonment by the learned Additional
Sessions Judge, Fast Track Court, Bharuch, Campt: Ankleshwar.
Taking
into consideration the Jail remarks, there is only 9 days set off
from 09.08.2002 17.08.2002. The learned advocate for the applicant
submitted that the applicant was on bail during the trial. The
incident is of 01.08.2002. The the applicant had fired two shots
through the service rifle of his colleague at the complainant-PSI,
one of which hit the complainant on his right lower part of the
chest. Be that as it may, taking into consideration the contents of
the application, we have called for the remarks from the learned APP.
The learned APP has obtained a certificate from the Medical Officer,
District Jail, Jamnagar dated 30.01.2010, which reads as under:
This is to
certify that C.P. Prisoner Lalji Mangalbhai, age 55 years, came
here on 11/12/2009. he was sent for psychiatrist opinion (Dr.M.C.
Parmar, HOD, Psychiatry, G.G.H. Jamnagar) on 12/12/09, was given
drugs for 15 days on OPD basis. Thereafter, on 05/01/10 he was again
sent for follow up and was prescrived (sic.) 30 days treatment. As
per the psychiatrist case paper of 05/01/2010 patients App. Adequate
and mood is good.
3. That
being so, the Court finds no reason to grant bail to the applicant.
Hence this application is rejected.
(RAVI
R. TRIPATHI, J.)
(J.C.
UPADHYAYA, J.)
karim
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