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CR.MA/16171/2010 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 16171 of 2010
In
CRIMINAL
APPEAL No. 148 of 2007
For
Approval and Signature:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
HAJRABEN
ADAMBHAI - 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 BANKIM.N.MEHTA
Date
: 10/01/2011
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1. Rule.
Mr. LB Dabhi, learned Addl. Public Prosecutor waives service of
notice of rule on behalf of the respondent – State of Gujarat.
2. Having
regard to the facts of the case, the application is taken up for
hearing today.
3. The
applicant – convict prisoner, who, by judgment and order dated
21.12.2006 rendered in Sessions Case No.77 of 2005 by the learned
Additional Sessions Judge,
Junagadh, has been convicted for the offence
punishable under Section 302 of the Indian Penal Code and sentenced
to life imprisonment, has filed this application through jail,
praying to enlarge her on temporary bail for a period of 60 days, to
enable her to attend the delivery of her daughter, who is on her
family way and her expected due date of delivery is 22/23.12.2010.
4. We
have gone through the application and the supporting documents that
form part of the application and have considered the submissions
advanced by Ms. LB Dabhi, learned Public Prosecutor for the
respondent – State of Gujarat. We have also gone through the
jail remarks sheet forwarded by the jail authority.
5. Upon
perusal of the jail remarks sheet, we have noticed that the
applicant has undergone total period of 4 years and 5 days
imprisonment as against the imprisonment for life awarded to him.
During that period, she has been enlarged on temporary bail on two
occasions and also enjoyed furlough leave on two occasions. Last
temporary bail was granted in her favour in the month of November,
2010. That apart, on perusal of the certificate issued by the
concerned Hospital, it is seen that the expected due date of
delivery of her daughter is 23.12.2010 and that period is now over.
6. In
view of this, we are not inclined to grant temporary bail in favour
of the applicant.
7. For
foregoing reasons, the application fails and it is accordingly
rejected. Rule is discharged.
(A.M.KAPADIA,
J.)
(BANKIM.N.MEHTA,
J.)
shekhar/-
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