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CR.MA/8848/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8848 of 2011
In
CRIMINAL
APPEAL No. 449 of 2009
=========================================================
BACHU
@ KALU SINKA BARIYA, THRO' CHARMABEN BACHUBHAI BARIYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR.MRUDUL
M BAROT for
Applicant(s) : 1,MR YS JOSHI for Applicant(s) : 1,PARTY-IN-PERSON for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 28/06/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
1. Rule. Mr. Kartik Pandya,
Ld. APP waives service of rule on behalf of the opponents.
2. The applicant –
convict, who vide judgment and order dated 06/12/2008 rendered by the
Ld. Addl. Sessions Judge, Fast Track Court No. 4, Ahemdabad, in
Sessions Case No. 164/2006 has been convicted for the offences
punishable under sections 395, etc., of the Indian Penal Code and
sentenced to undergo rigorous imprisonment for 10 years, has filed
this application through his wife, seeking temporary bail of 30 days
on the ground of performing after death ceremony of aunt of the
convict prisoner.
3. The jail remark sheet
supplied by the Ld. APP at the time of hearing of the application,
reveals that the applicant convict has undergone about 4 years and 8
months’ imprisonment in the jail and during this period the applicant
convict was released twice on temporary bail, on one occasion for 17
days in the month of June/July 2010 and on second occasion for 21
days in the month of December 2010/ January 2011, he surrendered in
time and that he has not enjoyed any furlough or parole leave.
4. Perusing the application
and death certificate annexed with the application, it transpires
that Humaliben expired on 18/6/2011. It further transpires that
personal presence of the convict is required to perform after death
ceremony of his aunt. Considering the facts and circumstances of
the case, so also the jail remark sheet, we deem it expedient to
partly allow this application.
5. The application succeeds
in part and accordingly it is partly allowed. The convict is ordered
to be released on temporary bail for the period of 10 days from the
date of his actual release upon his furnishing personal bond in the
sum of Rs.5,000/- before the jail authority. The convict shall not
take disadvantage of his liberty and shall maintain law and order.
Rule is made absolute
accordingly.
[ D.H. WAGHELA, J. ]
[
J.C. UPADHYAYA, J.]
*
Pansala.
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