Gujarat High Court Case Information System
Print
CR.MA/7997/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7997 of 2010
In
CRIMINAL
APPEAL No. 1116 of 2008
=========================================================
JAMILBAPU
IQBALBAPU KADRI - 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 J.C.UPADHYAYA
Date
: 26/07/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
Rule.
Mr.L.B.Dabhi, learned APP appears and waives service of notice of
rule on behalf of the respondent – State of Gujarat.
Having
regard to the facts of the case, the application is taken up for
hearing today.
The
applicant – convict prisoner, who, vide judgment and order
dated 8.2.2008 rendered in Sessions Case No.19 of 2000 by the
learned Addl.Sessions Judge, Fast Track Court No.7, Gondal camp at
Dhoraji has been convicted for the offences punishable under
Sections 302, 114 IPC and sentenced to imprisonment for life, has
filed this application through jail authority, praying to enlarge
him on regular bail during the pendency and final hearing of the
above-numbered Criminal Appeal, which has been admitted vide order
dated 23.10.2008 on the grounds stated in the application.
We
have gone through the application and the supporting documents that
form part of the application and have considered the submissions
advanced by Mr.L.B.Dabhi, learned APP for the respondent –
State of Gujarat. We have also gone through the jail remarks sheet
forwarded by the jail authority along with the application.
Upon
perusal of the jail remarks sheet, we find that the applicant has
undergone total period of 2 years, 4 months and 21 days as against
the sentence of imprisonment for life imposed upon him. On further
perusal, we find that the applicant had on earlier occasions filed
two applications being Criminal Application Nos.13854 of 2008 and
4843 of 2010, seeking regular bail during the pendency and final
hearing of the above numbered Criminal Appeal and both the
applications came to be rejected vide order dated 24.11.2008 and
10.5.2010 respectively. This is third successive bail application.
In this application, no change of circumstance has been shown by the
applicant. Therefore, this application also deserves to be rejected.
For
the foregoing reasons, the application fails. Accordingly, it is
rejected.
Rule
is discharged.
(A.M.KAPADIA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
Top