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CR.MA/7521/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7521 of 2010
In
CRIMINAL
APPEAL No. 3081 of 2008
=========================================================
SHANKARBHAI
RUPABHAI BARIYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL 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 J.C.UPADHYAYA
Date
: 15/07/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
Rule.
Mr.L.B.Dabhi, learned APP appears and waives service of notice of
rule on behalf of the respondent – State of Gujarat.
Having
regard to the facts of the case, the application is taken up for
hearing today.
The
applicant – convict prisoner, who, vide judgment and order
dated 15/10/2008 rendered in Sessions Case No.146 of 2007, has been
convicted for the offences punishable under Sections 304 Part I and
114 IPC and sentenced to imprisonment for 10 years, has filed this
application through jail authorities, praying to enlarge him on
temporary bail for a period of 30 days, to enable him to cultivate
his land.
We
have gone through the application and the supporting documents that
form part of the application and have considered the submissions
advanced by Mr.L.B.Dabhi, learned APP for the respondent –
State of Gujarat. We have also gone through the jail remarks sheet
forwarded with the application.
Upon
perusal of the jail remarks sheet, we find that the applicant has
undergone 2 years, 11 months imprisonment. During that period, he
was released on temporary bail on 2 occasions i.e. in 2009 and 2010
and enjoyed furlough leave on one occasion. In view of the fact
that the applicant was enlarged on temporary bail in recent past
i.e. in May 2010 and enjoyed furlough leave in March 2010, and the
ground mentioned by the applicant for seeking his temporary release
for cultivation of land, does not appeal to us, as there are other
family members as well who can cultivate the land, we are not
inclined to consider the prayer made by the applicant for releasing
him on temporary bail for a period of 30 days to enable him to
cultivate his land.
For
foregoing reasons, the application is rejected.
Rule
is discharged.
(A.M.KAPADIA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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