Gujarat High Court Case Information System
Print
CR.MA/16011/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 16011 of 2010
In
CRIMINAL
APPEAL No. 1309 of 2007
=========================================
HINDUDABHAI
ASHABHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
THROUGH
JAIL for
Applicant
MR LB DABHI APP for Respondent No. 1
None for
Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 11/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1 RULE.
2 Mr.
L.B. Dabhi, learned APP appears and waives service of notice of Rule
on behalf of the respondent – State of Gujarat.
3 Having
regard to the facts of the case, the application is taken up for
hearing today.
4
The applicant – convict prisoner, who vide judgment and order dated
14.5.2007, rendered in Sessions Case No. 128 of 2005, by the learned
Additional Sessions Judge, Fast Track Court No.4, Palanpur,
Banaskantha, 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 authority,
praying to enlarge him on temporary bail, for a period of 45 days,
to enable him to get it repaired his house which has become
dilapidated in the last monsoon.
5 We
have considered the submission made by Mr. L.B. Dabhi, learned APP
for the respondent – State of Gujarat. We have also perused
the averments made in the application and the supporting document
that form part of the application. We have also gone through the
jail remarks sheet forwarded by the jail authority along with the
application.
6 Upon
perusal of the jail remarks sheet, we find that the applicant has
undergone total period of imprisonment of 5 years, 6 months and
26 days. During he said period, he was enlarged on temporary bail
for a period of 15 days in 2008. He has surrendered in time.
There is no jail punishment. Besides this, his jail conduct is
good. That apart, the ground stated by the applicant is supported
by the document i.e. photograph which shows that his house has become
dilapidated in the last monsoon. In view of the aforesaid, if the
applicant is released on temporary bail for a period of 15 days from
the date of his actual release, the same would meet the ends of
justice.
7 For
the foregoing reasons, the Application succeeds in part.
Accordingly, it is partly allowed. The applicant – convict prisoner
– HINDUDABHAI ASHABHAI PARMAR
is ordered to be released on temporary bail for a period of 15 days
from the date of his actual release on executing a personal bond
of Rs. 5,000/- before the Jail Authority on usual terms and
conditions. The applicant shall surrender to the jail authority on
completion of 15 days from the date of his release
without fail. During the period of temporary bail, the applicant
should not abuse the liberty granted to him and shall maintain law
and order.
8 Rule
is made absolute accordingly to the aforesaid extent.
(A.M.KAPADIA,
J.)
(BANKIM.N.MEHTA,
J.)
pnnair
Top