Gujarat High Court High Court

Hajraben vs State on 10 January, 2011

Gujarat High Court
Hajraben vs State on 10 January, 2011
Author: A.M.Kapadia,&Nbsp;Honourable Mr.Justice Bankim.N.Mehta,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CR.MA/16171/2010	 3/ 3	JUDGMENT 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 16171 of 2010
 

In


 

CRIMINAL
APPEAL No. 148 of 2007
 

 
 
For
Approval and Signature:  
 
HONOURABLE
MR.JUSTICE A.M.KAPADIA 

 

 
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
 
=========================================================

 
	  
	 
	  
		 
			 

1
		
		 
			 

Whether
			Reporters of Local Papers may be allowed to see the judgment ?
		
	

 
	  
	 
	  
		 
			 

2
		
		 
			 

To be
			referred to the Reporter or not ?
		
	

 
	  
	 
	  
		 
			 

3
		
		 
			 

Whether
			their Lordships wish to see the fair copy of the judgment ?
		
	

 
	  
	 
	  
		 
			 

4
		
		 
			 

Whether
			this case involves a substantial question of law as to the
			interpretation of the constitution of India, 1950 or any order
			made thereunder ?
		
	

 
	  
	 
	  
		 
			 

5
		
		 
			 

Whether
			it is to be circulated to the civil judge ?
		
	

 

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

 

HAJRABEN
ADAMBHAI - Applicant(s)
 

Versus
 

STATE
OF GUJARAT & 1 - Respondent(s)
 

=========================================================
 
Appearance
: 
THROUGH
JAIL for
Applicant(s) : 1, 
MR. LB DABHI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1, 
None for Respondent(s) :
2, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE A.M.KAPADIA
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE BANKIM.N.MEHTA
		
	

 

 
 


 

Date
: 10/01/2011 

 

 
 
ORAL
JUDGMENT

(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)

1. Rule.

Mr. LB Dabhi, learned Addl. Public Prosecutor waives service of
notice of rule on behalf of the respondent – State of Gujarat.

2. Having
regard to the facts of the case, the application is taken up for
hearing today.

3. The
applicant – convict prisoner, who, by judgment and order dated
21.12.2006 rendered in Sessions Case No.77 of 2005 by the learned
Additional Sessions Judge,
Junagadh, has been convicted for the offence
punishable under Section 302 of the Indian Penal Code and sentenced
to life imprisonment, has filed this application through jail,
praying to enlarge her on temporary bail for a period of 60 days, to
enable her to attend the delivery of her daughter, who is on her
family way and her expected due date of delivery is 22/23.12.2010.

4. We
have gone through the application and the supporting documents that
form part of the application and have considered the submissions
advanced by Ms. LB Dabhi, learned Public Prosecutor for the
respondent – State of Gujarat. We have also gone through the
jail remarks sheet forwarded by the jail authority.

5. Upon
perusal of the jail remarks sheet, we have noticed that the
applicant has undergone total period of 4 years and 5 days
imprisonment as against the imprisonment for life awarded to him.
During that period, she has been enlarged on temporary bail on two
occasions and also enjoyed furlough leave on two occasions. Last
temporary bail was granted in her favour in the month of November,
2010. That apart, on perusal of the certificate issued by the
concerned Hospital, it is seen that the expected due date of
delivery of her daughter is 23.12.2010 and that period is now over.

6. In
view of this, we are not inclined to grant temporary bail in favour
of the applicant.

7. For
foregoing reasons, the application fails and it is accordingly
rejected. Rule is discharged.

(A.M.KAPADIA,
J.)

(BANKIM.N.MEHTA,
J.)

shekhar/-

   

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