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CR.MA/3007/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3007 of 2010
In
CRIMINAL
APPEAL No. 234 of 2009
=========================================================
YUVRAJSINGH
SARDARSINGH PARMAR THRO' BHUVNESHWARIBA Y PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MRFEROZ
H PATHAN for
Applicant(s) : 1,MR SIKANDER SAIYED for Applicant(s) : 1,
MR MR
MENGDEY APP for Respondent(s) : 1
-2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 30/03/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Learned APP Mr Mengdey waives service of notice of Rule for the
respondents.
2. Heard
learned advocate Mr Saiyed, amicus curiae, for the applicant and the
learned APP.
3. The
applicant seeks temporary bail of the convict on the ground that she
is running six month of pregnancy and her baby shower ceremony is to
be performed on 6th
April 2010 and in their community presence of husband is necessary.
It is also the case of the applicant that she has the only support of
her mother-in-law,
else her brother-in-law and his wife are not maintaining relations
with her.
4. On
being inquired, it is found that the cause indicated by the applicant
is genuine. Even we noticed on earlier occasion that the applicant is
in a relatively advanced stage of pregnancy.
5. The
applicant’s prayer for temporary bail cannot be considered positively
by this Court although we find that the cause is genuine. The reason
for not considering the applicant’s case for temporary bail is that
the prisoner’s track record is not good. The prisoner was involved in
a murder case. He has now been convicted by the trial Court. His
appeal is dismissed by the High Court and SLP is pending before the
Apex Court in that case. While the prisoner was released either on
parole / furlough or temporary bail, the prisoner is involved in the
present case of attempt to murder. It is also the case that on some
other occasion, he did not surrender in time once in the earlier
offence and the inquiry reveals that the prisoner is involved in
other offences as well, one registered with Satellite Police Station,
Ahmedabad and two offences registered with Sabarmati Police Station.
6. Since
we find that the cause of the application is genuine, we direct the
respondent State authority to take prisoner under police escort
to Wadhwan on 6th
April 2010 at Ram Darbar, Kharwani Pole,
Wadhwan city. The prayer for bail stands rejected.
7. The
application stands disposed of accordingly. Rule is made absolute to
the above extent only.
8. We
place on record our appreciation for the services rendered by learned
advocate Mr Saiyed as amicus curiae.
Direct
service is permitted.
(A.L.
DAVE, J.)
(BANKIM
N. MEHTA, J.)
zgs/-
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