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CR.MA/6434/2008 2/ 2 ORDE
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISCELLANEOUS APPLICATION NO. 6434 OF 2008
In
CRIMINAL
APPEAL NO. 532 OF 2003
======================================
NARVAT
RATILAL PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT & ANR. - Opponent(s)
======================================
Appearance :
Through
Jail for Applicant(s).
Mr. R. C. Kodekar, APP for
Opponent(s).
======================================
CORAM
:
HONOURABLE
MR.JUSTICE R.H.SHUKLA
Date
: 20/05/2008
ORAL
ORDER
1. The
applicant ? convict prisoner has been convicted for the offence
under Sections 302 and 498A of the Indian Penal Code by the
judgement and order dated 31/03/2003 in Sessions Case No.399/2002 by
the learned Additional Sessions Court, Panchmahal at Godhra and is
sentenced to imprisonment for life. The applicant-convict prisoner
has filed the present application through jail for grant of temporary
bail for a period of 15 days on the ground of the marriage of the
brother, which is scheduled to be held on 23rd May, 2008.
2. Rule
was issued on 16th May, 2008 and report was called for
verifying the genuineness of the ground mentioned in the application.
Mr. R. C. Kodekar, learned APP, has submitted a report and confirmed
that there is occasion of marriage, as stated in the application.
3. This
Court has gone through the application and the supporting documents
that form part of the application and has considered the submissions
advanced by Mr.
R. C. Kodekar, learned Additional Public Prosecutor for
the opponent ? State of Gujarat. This Court has also gone through
the jail remarks sheet submitted by the learned Additional Public
Prosecutor.
4. It
transpires from the jail remarks sheet that the applicant has
undergone the sentence of about five years and has availed of
temporary bail in the recent past from 01/02/2008 to 08/02/2008 on
the ground of death of the grandfather. However, in view of the
ground mentioned about the marriage of the brother, which is
scheduled to be held on 23rd May, 2008, this Court is of
the opinion that if the applicant is released on temporary bail for a
period of 7 days from the date of his actual release, it would meet
the ends of justice.
5. For
the foregoing reasons, the application succeeds in part.
Accordingly, it is partly allowed. The applicant ? convict prisoner
? Narvat Ratilal Parmar is ordered to be released on temporary bail
for a period of 7 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 7 days from the date of his release
without fail. During the period of temporary bail, the applicant
shall not abuse the liberty granted to him and shall maintain law and
order. Rule is made absolute accordingly to the aforesaid extent.
[R.
H. Shukla, J.]
kamlesh*
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