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CR.MA/8794/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8794 of 2011
In
CRIMINAL
APPEAL No. 1980 of 2010
=========================================================
KETAN
HASMUKHBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MS CM SHAH, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 28/06/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
1. Rule. Ms. CM Shah, Ld.
APP waives service of rule on behalf of the opponents.
2. The applicant –
convict, who vide judgment and order dated 13/9/2010 rendered by the
Ld. Addl. Sessions Judge, Fast Track Court, Vadodara, in Sessions
Case No. 133/2008 has been convicted for the offences punishable
under sections 302, etc., of the Indian Penal Code and sentenced to
undergo rigorous imprisonment for life, has forwarded this
application through jail authority seeking temporary bail of 12 days
for obtaining certificates for pursuing further his study.
3. The jail remark sheet
forwarded by the jail authority reveals that the applicant convict
has undergone more than 3 years’ imprisonment in the jail and during
this period, he was once released on temporary bail and on one
occasion he was released on furlough leave and on one occasion he
was released on parole and at every occasion he surrendered in jail
within time. The jail remark sheet further reveals that the applicant
convict was released on temporary bail for 30 days in the month of
April 2011 and lastly he was released on furlough leave in the month
of May 2011 for 14 days.
4. Perusing the application
forwarded by the applicant convict through jail, it transpires that
before he was confined to jail, he had studied upto M.Com. 1st
year and now he desires to pursue further his study. It further
transpires that his personal presence is required to obtain
necessary copies of his certificates and for the said purpose he has
to swear in an affidavit before Mamlatdar. Considering the facts and
circumstances of the case, so also the jail remark sheet, we deem it
expedient to partly allow this application.
5. The application succeeds
in part and accordingly it is partly allowed. The applicant convict
is ordered to be released on temporary bail for the period of one
week from the date of his actual release upon his furnishing personal
bond in the sum of Rs.5,000/- before the jail authority. The
applicant convict shall not take disadvantage of his liberty and
shall maintain law and order.
Rule is made absolute
accordingly.
[ D.H. WAGHELA, J. ]
[
J.C. UPADHYAYA, J.]
*
Pansala.
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