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CR.MA/14104/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14104 of 2010
In
CRIMINAL
APPEAL No. 900 of 2005
=========================================
ABDULBHAI
SAMRATBHAI SIPAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR. L.B.DABHI, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 26/11/2010
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.
By
filing instant application, the applicant – convict prisoner,
who, vide judgment and order dated 9.3.2005 rendered in Sessions
Case No.172 of 2004 by the learned Additional Sessions Judge,
Mehsana, has been convicted for the offence punishable under Section
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 20 days to enable him
to find out suitable match for his elder son who is of marriageable
age.
We
have considered the submissions advanced by Mr.L.B.Dabhi, learned
APP for the Respondent – State of Gujarat and perused the
averments made in the application and the supporting documents that
form part of the application. We have also gone through the jail
remark sheet submitted by the learned APP.
Upon
perusal of the jail remark sheet, we have noticed that the applicant
has undergone total period of more than 6 years of imprisonment and
during the said period he has enjoyed temporary bail on three
occasions and has also enjoyed Furlough Leave on three occasions and
on all the occasions the Applicant – convict has surrendered
in time. There is no jail punishment and the conduct of the
Applicant – convict in the jail is also good. Besides this,
the ground stated by the Applicant – convict prisoner seeking
his release on temporary bail appears to be genuine.
In
view of this, we deem it expedient to consider the plea of the
Applicant to release him on temporary bail for a period of 15 days
from the date of his actual release.
For
the foregoing reasons, the Application succeed in part and and is
accordingly partly allowed. The Applicant – Convict –
ABDULBHAI
SAMRATBHAI SIPAI 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 shall not abuse the liberty granted to him and
shall maintain law and order. Rule is made absolute accordingly to
the aforesaid extent.
Direct
service is permitted.
(A.M.Kapadia,J)
(B.N.Mehta,J)
Jayanti*
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