IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 9821 of 2001
in
CRIMINAL APPEALNo 412 of 1997
--------------------------------------------------------------
SIDDARBHAI DADUBHAI MALEK
Versus
STATE OF GUJARAT
--------------------------------------------------------------
Appearance:
1. Criminal Misc.Application No. 9821 of 2001
THROUGH JAIL for Petitioner No. 1
MR KB PUJARA for Petitioner No. 1
MS NANDINI JOSHI, APP for Respondents
--------------------------------------------------------------
CORAM : MR.JUSTICE J.M.PANCHAL
and
MR.JUSTICE J.R.VORA
Date of Order: 11/01/2002
ORAL ORDER
(Per : MR.JUSTICE J.M.PANCHAL)
Rule. Ms. Nandini Joshi, learned A.P.P. waives
service of notice of rule on behalf of the opponents.
Having regard to the facts of the case, the application
is heard today.
2.By submitting this application through Jail
Superintendent, Central Jail, Baroda, prisoner i.e.
Siddarbhai Dadubhai Malek, who is undergoing sentence of
life imprisonment at Central Jail, Baroda, has prayed to
enlarge him on regular bail during the pendency and final
hearing of the appeal.
3.Heard the learned counsel for the State
Government. The record of the case shows that the prayer
made by the convict for regular bail was rejected by the
Division Bench while admitting the appeal of the convict.
Further, the prayer made by the convict to release him on
temporary bail for a period of four weeks to enable him
to lookafter his aged mother was also rejected by the
Division Bench comprising K.R.Vyas & R.P.Dholakia, JJ.
vide order dated April 16, 2001, which was passed in
Misc. Criminal Application No. 2444/2001. In absence
of change in circumstances, the prayer for regular bail
cannot be granted and, therefore, this application is
liable to be rejected.
For the foregoing reasons, the application fails
and is dismissed. Rule is discharged.
(J.M.Panchal,J.)
( J.R.Vora, J.)
(patel)