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CR.MA/357/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 357 of 2011
In
CRIMINAL
APPEAL No. 322 of 2010
=========================================
BHAGWANBHAI
BHIKHABHAI DAYMA, THRO' LAKHMANBHAI BHIKHABHAI
Versus
STATE
OF GUJARAT
=========================================
Appearance :
MR
JM BUDDHBHATTI for
Applicant : 1,DHARMESH D NANAVATY for Applicant : R NITIN T GANDHI
for Applicant
MR LB DABHI APP for Respondent No.
1
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 17/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1 RULE.
2 Mr.
L.B. Dabhi, 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, has filed this application
through his brother – Lakhmanbhai Bhikhabhai Dayama, who vide
judgment and order dated 22.01.2010, rendered in Sessions Case No.
238 of 2009, by the Additional Sessions Judge, Ahmedabad, has been
convicted for the offence punishable under Sections 302 etc, of the
Indian Penal Code and sentenced to imprisonment for life, praying to
enlarge him on temporary bail, for a period of one month, to
enable him to perform the marriage of his daughter, which is
scheduled on 23.01.2011, arranged by Ahmedabad District Karadia
Rajput Samaj.
5 We
have considered the submissions advanced by Mr. D.D. Nanavati,
learned Advocate for the applicant and Mr. L.B. Dabhi, learned APP
for the respondent – State of Gujarat. We have also perused
the averments made in the application and also documents annexed
therewith. 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 convict – prisoner has undergone total period of
imprisonment of 2 years, 3 months and 25 days. During he said
period, he was not released on temporary bail, however, he has
enjoyed one furlough leave for 15 days to attend the obsequious
ceremony of his father. He has surrendered in time. There is no
jail punishment and his jail conduct is good. Besides this, the
ground stated by applicant convict – prisoner appears to be
genuine. In view of the aforesaid, 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.
7 For
the foregoing reasons, the Application succeeds in part.
Accordingly, it is partly allowed. The applicant- convict prisoner –
BHAGWANBHAI
BHIKHABHAI DAYMA 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 should not abuse the liberty granted to him and shall
maintain law and order.
8 Rule
is made absolute accordingly to the aforesaid extent.
9 Direct
Service is permitted.
(A.M.KAPADIA,
J.)
(BANKIM.N.MEHTA,
J.)
pnnair
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