Gujarat High Court Case Information System
Print
CR.MA/10578/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10578 of 2010
In
CRIMINAL
APPEAL No. 1033 of 2006
=========================================
RANJITBHAI
DAHYABHAI VASAVA
Versus
STATE
OF GUJARAT & 1
=========================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR. K.P.RAVAL for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 09/09/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
RULE.
Mr.
K.P.Raval, 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 12.5.2006 rendered in Sessions Case No.87
of 2005 by the learned Additional Sessions Judge, Bharuch, has been
convicted for the offence punishable under Section 302 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 get his
house repaired, which has become dilapidated during last monsoon.
We have
considered the submissions advanced by Mr.K.P.Raval, 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 5 years, 3 months and 12 days of
imprisonment and during the said period he has enjoyed Furlough
Leave on two occasions. Besides this, the ground stated by the
Applicant convict prisoner appears to be genuine, which is
supported by the certificate issued by Sarpanch, Mulad Gram
Panchayat.
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 two weeks 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
RANJITBHAI
DAHYABHAI VASAVA is ordered to be released on
temporary bail for a period of 2 weeks 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 2 weeks 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)
(J.C.Upadhyaya,J)
Jayanti*
Top