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CR.MA/5735/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5735 of 2011
In
CRIMINAL
APPEAL No. 1391 of 2007
=========================================================
PATHUBHA
GOVINDJI - THRO' KIRITSINH BHAGVANJI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
KD PARMAR for
Applicant(s) : 1,MR ANSHIN H DESAI for Applicant(s) : 1,
Mr.KARTIK
PANDYA, ADDL PUBLIC PROSECUTOR for Respondent(s) : 1,
None for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 29/04/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI
R.TRIPATHI)
The
present application is filed by the convict, through his cousin
brother, seeking temporary bail for four weeks so as arrange
treatment for his ailing wife, who is under treatment and is advised
operation, which will ensue hospitalization and at that time present
of the convict will be required.
2. RULE.
Mr.Kartik Pandya, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent-State. Heard learned
advocate Ms.K.D. Parmar for the applicant.
3. The
applicant- appellant- original accused has been convicted for the
offences punishable under sections 302, 323, 324 and 325 of the
Indian Penal Code to suffer imprisonment for life with fine of
Rs.10,000/-, in default to further undergo imprisonment for 2 years
as awarded vide judgement dated 5th October 2007 by the
learned Additional Sessions Judge, Fast Track Court, Junagadh in
Sessions Case No.85 of 2003.
4. The learned
APP has invited attention of the Court to the Jail remarks. The
learned APP also pointed out that in the year 2009 when the convict
was granted temporary bail by this Court for 15 days he absconded for
317 days.
On perusal, it
is noticed that he did abscond for 317 days, but then he of his own
reported back and has given explanation for the said unauthorised
absence (the period for which he absconded), stating that his wife
was not well and there was responsibility of the family and he was
trying to arrange for education of his children. All the above
conditions required his presence as financial position of the
convict’s family is very weak. Except this belated surrender of 317
days there is nothing adverse noticed in the Jail remarks.
5. The learned
advocate for the petitioner submitted that to ensure his disciplined
conduct amount may be prescribed higher for deposit and besides that
he may also be asked to report to the nearest Police Station at
suitable intervals.
6. Taking into
consideration the contents of the application, the record of the
convict and the submissions made by the learned advocate for the
applicant, the applicant-convict is ordered to be released on
temporary bail for a period of 30 (thirty) days from
the date of his release subject to the following conditions:
(i) The
applicant- convict shall execute a personal bond of Rs.10,000/-
(Rupees ten thousand only) to the satisfaction of the Jail
authorities.
(ii) The
applicant- convict shall report to the nearest Police Station on
every Monday between 08.00 A.M. and 12.00 noon.
(iii) The
applicant shall surrender himself to the Jail authorities on expiry
of the above temporary bail period.
7. The
application is allowed. Rule is made absolute. Direct service is
permitted.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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