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CR.MA/66/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 66 of 2011
In
CRIMINAL
APPEAL No. 405 of 2010
=========================================
MULUBHAI
MARKHIBHAI
Versus
STATE
OF GUJARAT & ANR
=========================================
Appearance :
THROUGH
JAIL for
Applicant
MR R.C. KODEKAR, APP for Respondent No.1
None for
Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 12/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1 RULE.
2 Mr.
R.C. Kodekar, learned APP appears and waives service of notice of
Rule on behalf of the respondent – State of Gujarat.
3 Having
regard to the facts of the case, the application is taken up for
hearing today.
4
The applicant – convict prisoner, who vide judgment and order dated
16.1.2010, rendered in Sessions Case No. 14 of 2007, by the learned
Additional Sessions Judge, Junagadh, has been convicted for the
offence punishable under Sections 302 etc. of the Indian Penal Code
and sentenced to imprisonment for life, has filed this Application,
through jail authority, praying to enlarge him on temporary bail,
for a period of 30 days, to enable him to make necessary
arrangements to repay the loan taken by his wife Shitalben from
State Bank of India against the agricultural crops.
5 We
have considered the submission made by Mr. R.C. Kodekar, learned APP
for the respondent – State of Gujarat. We have also perused
the averments made in the application and the supporting document
that form part of the application. We have also gone through the
jail remarks sheet forwarded by the jail authority along with the
application.
6 Upon
perusal of the jail remarks sheet, we find that the applicant has
undergone total period of imprisonment of 4 years, 1 month and 15
days and during the said period he has neither enjoyed any
temporary bail nor any furlough leave. There is no jail punishment
and his jail conduct is good. Besides this, upon perusal of the
notice dated 21.12.2010 issued by the State Bank of India, it is
seen that his wife has taken the loan of Rs. 88,532/- against the
agricultural crops and, therefore, he was asked to repay the said
loan amount along with interest. In view of the aforesaid, if the
applicant is released on temporary bail for a period of 15 days from
the date of his actual release, the same would meet the ends of
justice.
7 For
the foregoing reasons, the Application succeeds in part.
Accordingly, it is partly allowed. The applicant – convict prisoner
– MULUBHAI
MARKHIBHAI
is ordered to be released on temporary bail for a period of 15 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 15 days from the date of his release without
fail. During the period of temporary bail, the applicant should
not abuse the liberty granted to him and shall maintain law and
order.
8 Rule
is made absolute accordingly to the aforesaid extent.
(A.M.KAPADIA,
J.)
(BANKIM.N.MEHTA,
J.)
pnnair
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