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CR.MA/4210/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4210 of 2011
In
CRIMINAL
APPEAL No. 304 of 2009
=========================================================
BHARVAD
KHENGARBHAI ARJANBHAI, THRO' RAMESHBHAI VELABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MS
KD PARMAR for
Applicant(s) : 1,
MR PANDYA, ADDL PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 11/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Learned
Additional Public Prosecutor, Mr.Pandya places on record a
communication dated 31/03/2011 from the I/c. Divisional Police
Officer, Botad addressed to the learned Government Pleader, High
Court of Gujarat. It is mentioned in the said communication that on
inquiry the contents of the application are found to be reasonable,
but as the opposite party is residing in the same village, the Police
is of the opinion that there is possibility of breach of peace.
1.1 This
apprehension is found to be totally baseless and appears to have been
made only with a view to shirk the responsibility and to shift the
burden on the Court. In the year 2009, applicant enjoyed 15 days
temporary bail for study purpose and, twice he has enjoyed furlough.
First furlough in May, 2010 and second furlough in January 2011. All
the three times, he has reported in time and no untoward incident is
reported to have taken place. Hence, the apprehension shown in letter
dated 31/03/2011 suffers from non-application of mind.
2. Heard
Ms. K D Parmar, learned Advocate for the applicant – convict.
2.1 Taking
into consideration the contents of the application, certificate of
Shri Meghadiya Gram Panchayat and communication dated 31/03/2011,
application is allowed. Rule. Mr.Pandya, learned APP waives service
of notice of Rule.
3. The
applicant is, therefore, ordered to be released on temporary bail for
a period of 30 (THIRTY) DAYS from the date of his release on
his executing a personal bond of Rs.5,000/- (Rupees Five Thousand
Only) before the Jail Authorities on certain conditions that he will;
a) not
leave the State of Gujarat.
b) not
indulge in any illegal activity.
c) surrender
before the Jail Authorities in time.
4. A
copy of this order be sent to the Director General of Police
alongwith a copy of the Jail Remarks, as well as, communication dated
31/03/2011.
5. Rule
is made absolute. Direct Service is permitted.
(RAVI
R TRIPATHI, J.)
(P
P BHATT, J.)
sompura
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