Criminal Misc.Application No. … vs Mr Im Pandya App For on 3 August, 2010

     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



     CRIMINAL MISC.APPLICATION No 2852 of 2003


           in


     CRIMINAL APPEALNo 58       of 2000




     For Approval and Signature:



                Hon'ble MR.JUSTICE D.K.TRIVEDI
                                   and
                Hon'ble MR.JUSTICE J.R.VORA


     ============================================================

1. Whether Reporters of Local Papers may be allowed : YES
to see the judgements?

2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO
of the judgement?

4. Whether this case involves a substantial question : NO
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the concerned : NO
Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals?

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PRAVINBHAI KACHARABAI TURI
Versus
STATE OF GUJARAT

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Appearance:

1. Criminal Misc.Application No. 2852 of 2003
MS KD PARMAR for Applicant No. 1
MR IM PANDYA APP for Respondent No. 1
………. for Respondent No. 2

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CORAM : MR.JUSTICE D.K.TRIVEDI
and
MR.JUSTICE J.R.VORA

Date of decision: 02/05/2003

ORAL JUDGEMENT
(Per : MR.JUSTICE D.K.TRIVEDI)

Rule. Mr. Pandya, learned APP waives service of
Rule on behalf of the respondent State. By consent of
the counsel appearing in the matter, Rule is fixed
forthwith. This application is filed by the applicant
convict praying for temporary bail for a period of 3
weeks on the ground that marriage of his brother in law
Ranjeet is fixed on 9th May, 2003 and another marriage of
his sister’s daughter Kokilaben is fixed on 11th May,
2003. Alongwith this application, the applicant has
annexed the invitation card (Kankotri) of marriage of
Ranjeet and Kokilaben which show that the marriage of
Ranjeet is scheduled on 9.5.2003 and marriage of
Kokilaben is scheduled on 11.5.2003.

2.Mr. Pandya, learned APP has furnished the jail
report, which shows that the applicant convict was
convicted by the learned Additional Sessions Judge,
Modasa for the offenses punishable under Section 363,
376, 302 of the IPC on 18.12.1999 and was ordered to
suffer RI for life. The applicant is in jail since 3
years 2 months and 22 days including the period of set
off earned by him. The applicant was released thrice on
temporary bail for 60 days on different occasions. The
applicant has also enjoyed furlough once for 14 days
between 7.1.2002 to 22.1.2002. The statement shows that
the applicant was lastly released by this court on
temporary bail for a period of 30 days as per order dated
28.1.2003 while disposing the Criminal Misc. Application
No. 309 of 2003. All the times the accused has
surrendered to the jail authority in time. The jail
statement further shows that the complaint namely
Jethabhai Khemabhai has raised objection for granting any
leave to accused either for parole or furlough and he has
submitted the representation.

3.The cause for leave is genuine and accordingly,
we are inclined to release the applicant accused on
temporary bail for a period of 6 days from 8.5.2003 to
13th May, 2003 on furnishing personal bond of Rs.5000=00
(Rs. Five Thousand only) with the jail authority and
further that the applicant shall not leave the
jurisdiction of Gujarat State during the period of
temporary bail. Rule is made absolute in above terms.
Direct service permitted.

(D.K. Trivedi, J.)

(J. R. Vora, J.)
pallav