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CR.MA/9545/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9545 of 2010
In
CRIMINAL
APPEAL No. 1829 of 2006
=========================================================
RAJU
@ TAKO SHARVADAMAN TANK - 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
: 18/08/2010
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 30.06.2006 rendered in Atrocity Case No.18 of 2005 by the
learned Addl.Sessions Judge, Fast Track Court No.3, Junagadh has
been convicted for the offences punishable under Sections 302 etc.
IPC and sentenced to imprisonment for life, has filed this
application through jail authority, praying to enlarge him on
temporary bail for a period of 20 days to enable him to attend the
‘Babri’ ceremony (Chawl karma vidhi) of his son, which is scheduled
to be held on 20.08.2010.
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 by the jail authority along with the application.
Upon
perusal of the jail remarks sheet, we find that the applicant has
undergone more than 4 years imprisonment as against sentence of
imprisonment for life. During that period, he was enlarged on
temporary bail on 2 occasions, one in 2007 and another in 2008.
Similarly, he has enjoyed two furlough leave, one in 2007 and
another in 2009. On all the occasions, he has surrendered in time.
He has not availed any leave for last more than 1 year. Besides
this, the grounds stated by the applicant in his application seeking
release on temporary bail appears to be genuine. On perusal of the
printed invitation card, wherein it stated that the ‘Babri’ ceremony
(Chawl karma vidhi) is scheduled on 20.08.2010, in view of this,
according to us, if the applicant is released on temporary bail for
a period of 10 days from the date of his actual release, the same
would meet the ends of justice.
For
foregoing reasons, the application succeeds in part. Accordingly,
it is partly allowed. The applicant – convict prisoner –
RAJU @
TAKO SHARVADAMAN TANK is ordered to be
released on temporary bail for a period of 10 days from the date of
his actual release on executing a personal bond of Rs.5,000/- before
the jail authority on usual terms and conditions. The applicant
shall surrender to the jail authority on completion of 10 days from
the date of his actual release without fail. During the period of
temporary bail, the applicant shall not abuse the liberty granted to
him, and shall maintain law and order.
Rule
is made absolute to the aforesaid extent.
(A.M.KAPADIA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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