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CR.MA/9151/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9151 of 2010
In
CRIMINAL
APPEAL No. 3136 of 2008
=========================================
ILYASHBHAI
YAKUBBHAI DIWAN
Versus
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,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 18/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
By
filing instant application, the applicant convict – prisoner,
who has been convicted vide judgment and order dated 23.10.2008
rendered in Sessions Case No.40 of 2008 by the learned Additional
Sessions Judge, Bharuch, for the offence punishable under Section
376(2)(g) of the Indian Penal Code and sentenced to suffer RI for 10
years, has filed this application through jail authority, praying to
enlarge him on temporary bail for a period of 21 days, to enable him
to attend Bismillah ceremony of her daughter – Mubbasirabanu which
is scheduled to be held from 5.9.2010 to 9.9.2010.
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 2 years, 5 months and 1 day of imprisonment, and
during the said period he has enjoyed one furlough leave for 14 days
and he was also granted parole leave by the District Magistrate,
Vadodara for 4 days in 2009. Besides this, the ground stated by the
Applicant convict prisoner in his application appears to be
genuine.
In
view of this, we deem it expedient to enlarge the Applicant on
temporary bail for a period of 10 days w.e.f. 3.9.2010 to 13.9.2010,
which would meet the ends of justice.
For
the foregoing reasons, the application succeed in part and
accordingly it is partly allowed. The Applicant convict
prisoner – ILYASHBHAI
YAKUBBHAI DIWAN is ordered to be released on temporary
bail for a period of 10 days w.e.f. 3.9.2010 to 13.9.2010 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 10 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)
(J.C.Upadhyaya,J)
Jayanti*
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