IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 9753 of 2001
in
CRIMINAL APPEALNo 481 of 1999
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PRABHATBHAI RAMABHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
1. Criminal Misc.Application No. 9753 of 2001
MRS SHILPA J UNWALLA for Petitioner No. 1
THROUGH JAIL for Petitioner No. 1
MS. NANDINI JOSHI, APP for Respondents
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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.
Prabhatbhai Ramabhai Parmar, who is undergoing sentence
of life imprisonment at Central Jail,Baroda, has prayed
to enlarge him on temporary bail for a period of 90 days
so as to enable him to attend his uncle, who has
sustained fracture in his leg.
3.Heard Mrs.Shilpa J.Unwalla, the learned counsel
who is representing the case of the convict in appeal as
well as the learned A.P.P. No evidence is produced by
the convict to show that the uncle of the convict has
sustained a fracture in his leg or there is no one in the
family to lookafter him. Further, the prayer for regular
bail and alternative prayer for temporary bail for a
period of 365 days was rejected by the Division Bench
comprising R.K.Abichandani & K.R.Vyas, JJ. vide order
dated September 10, 2001 which was passed in Misc.
Criminal Application No. 6271/2001. Moreover, the
convict had filed Misc. Criminal Application No.
2532/2001 for claiming temporary bail for a period of 45
days to enable him to repair his house. The said relief
was rejected by the Division Bench comprising K.R.Vyas &
R.P.Dholakia, JJ., vide order dated April 23, 2001 in
view of the adverse police opinion. Having regard to the
facts of the case,we are of the opinion that no ground is
made out by the convict to release him on temporary bail
and the 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)