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CR.MA/1675/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1675 of 2011
In
CRIMINAL
APPEAL No. 2311 of 2006
=========================================
BHARAT
KESHAVLAL
Versus
THE
STATE OF GUJARAT & 1
=========================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR. L.B.DABHI, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 10/02/2011
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.
The
applicant – convict prisoner, who, vide judgment and
order dated 28.11.2006 rendered in Sessions Case No. 48 of 2006
by the learned Additional Sessions Judge, Fast Track Court
No.2, Patan, 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 render financial assistance to his family members.
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 so also the jail remark sheet
forwarded by the jail authority along with the application.
Upon
perusal of the jail remark sheet, we have noticed that the applicant
has undergone total period of 4 years, 8 months and 2 days of
imprisonment and during the said period he was enlarged on temporary
bail on two occasions and has also enjoyed Furlough Leave on two
occasions. There is no jail punishment as his conduct in jail is
also good.
In
view of this, if the Applicant convict is released on temporary bail
for a period of 7 days from the date of his actual release, the same
would meet the ends of justice.
For
the foregoing reasons, the Application succeed in part and is
accordingly partly allowed. The Applicant – Convict –
BHARAT KESHAVLAL is ordered to be released on
temporary bail for a period of 7 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 7 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.
(A.M.Kapadia,J)
(B.N.Mehta,J)
Jayanti*
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