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CR.MA/12159/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12159 of 2010
In
CRIMINAL
APPEAL No. 2123 of 2005
======================================
DILIP
KEHRILAL THAKUR, THRO' ANITABEN DILIPBHAI THAKUR
Versus
STATE
OF GUJARAT & ANR
======================================
Appearance :
MS
SUBHADRA G PATEL for MR CHETAN K PANDYA for Applicant
MR KP RAVAL
APP for Respondent No.1
======================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 11/10/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1 RULE.
2 Mr.
K.P. Raval, 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
22.7.2005, rendered in Sessions Case No. 176 of 2003, by the learned
Additional Sessions Judge, Fast Track Court No.4, Vadodara, 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 under Section 389(1) of the Code of Criminal
Procedure, through his wife Anitaben Dilipbhai Thakur, praying to
enlarge the applicant on temporary bail for a period of 30 days to
enable him to remain present at the time of operation of his
daughter, which is scheduled on 13.10.2010, who is suffering from
renal stone, infection in urine and kidney.
5 We
have considered the submissions advanced by Mrs. Subhadra G. Patel,
learned Advocate for the applicant and Mr. K.P. Raval, 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 submitted by learned APP during the course of
submission.
6 Upon
perusal of the jail remarks sheet, we have noticed that the
applicant has undergone imprisonment of total period of 6 years, 02
months and 26 days. During the said period, he has enjoyed parole
leave on six times granted by the District Magistrate, Vadodara. He
was also released on temporary bail on two occasions and also
enjoyed furlough leave on two occasions. Almost on all the
occasions i.e. either on temporary bail or parole or furlough leave,
the applicant was released on the ground of ailment of his wife and
his daughter. On all the occasions, he has surrendered in time,
except on one occasion he surrendered late by 185 days. Further,
on perusal of the certificate dated 6.10.2010 issued by Dr.
Voijoykumar Singh, General Surgeon, Vadodara, we have noticed that
his daughter Puja is suffering from renal stone and infection in
urine and kidney. Her operation is scheduled on 13.10.2010.
Therefore, according to us, in view of this, 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.
6
For the foregoing reasons, the Application succeeds in part and
accordingly it is partly allowed. The applicant – convict –
DILIP KEHRILAL THAKUR 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.
7 Rule
is made absolute accordingly to the aforesaid extent. DS is
permitted.
(A.M.KAPADIA,
J.)
(J.C.UPADHYAYA,
J.)
pnnair
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