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CR.MA/8670/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8670 of 2008
In
CRIMINAL
APPEAL No. 1334 of 2008
====================================================
ABDULKARIM
ALLABAKSH SAIYAD - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
====================================================
Appearance :
MR
PR NANAVATI for Applicant(s) : 1,MR SHAILESH V RAVAL for Applicant(s)
: 1,
MR LB DABHI, APP for Respondent(s) : 1,
None for
Respondent(s) :
2,
====================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 18/07/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Ld.APP Mr.Dabhi waives service
of notice of Rule for the opponent ? State.
2. The
petitioner was sentenced to undergo imprisonment for 10 years for the
offences punishable under section 307, 506(2) read with section 114
of IPC in Sessions Case No.73/2004, by judgment and order dated
28.03.2008 rendered by ld.Sessions Judge, Patan. The present
application is filed by the applicant for temporary bail for the
period of 30 days, on the ground that his wife is pregnant and the
tentative date of delivery is given by the Doctor, which is 5th
August 2008. That the presence of the convicted accused is highly
necessary, as his wife has become frustrated and is in great
depression. Along with this application, the applicant has produced
medical certificate issued by Dr.M.S.Patel and the report of
pathological laboratory.
3.
Ld.advocate Mr.S.V.Raval for the applicant requested that
considering the facts pleaded in the application, this is a fit case
to release the applicant on temporary bail, either for 30 days as
prayed for or for the period as deemed fit and proper to this Court.
4. On
the other hand, ld.APP Mr.Dabhi for the State submitting a report
prepared by D.S.P., Patan dated 17.07.2008 along with the copies of
statements of witnesses submitted that the police investigation
revealed that it is true that the wife of the convict ? prisoner is
pregnant and the tentative date of delivery is 05.08.2008. However,
the statement of wife of the prisoner named Memunaben was taken by
the police, and it is revealed that the prisoner has five sisters and
one brother and his parents, and at the time of delivery, those
family members can attend the wife of the prisoner. It is further
reflected in the report that in case if the prisoner would be
released on temporary bail, the law and order situation of town –
Sami is likely to be jeopardized. Therefore, ld.APP Mr.Dabhi
submitted that the application be dismissed.
5.
Considering the above submissions advanced on behalf of both the
parties, together with the report of D.S.P., Patan dated 17.07.2008,
along with the statements of witnesses, we are of the opinion that
there are other family members in the family of the prisoner, who can
attend the wife of the prisoner at the time of her delivery. The
applicant is in jail since last about 6 months. His appeal
challenging the conviction and sentence came to be admitted on dated
11.04.2008. In the appeal, vide Misc.Criminal Application
No.4590/2008, the convict ? prisoner requested for regular bail
during the pendency of the appeal, but, the said application was not
pressed on behalf of the prisoner, and vide order dated 11.04.2008,
the said application was dismissed, as not pressed.
6. In
light of the above discussions, we deem it expedient to dismiss the
application. The report of D.S.P., Patan dated 17.07.2008 along with
copies of the statements of witnesses be taken on record.
7. In
the result, the application is hereby dismissed. Rule is discharged.
(J.R.
VORA, J.)
(J.C.
UPADHYAYA, J.)
(binoy)
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