Gujarat High Court Case Information System
Print
CR.MA/11199/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11199 of 2010
In
CRIMINAL
APPEAL No. 1703 of 2009
=========================================================
SALMINBHAI
SIRAJBHAI PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MJ BUDDHBHATTI for
Applicant(s) : 1,MR JM BUDDHBHATTI for Applicant(s) : 1,MR DD
CHUDASAMA for Applicant(s) : 1,
MR LR PUJARI, APP for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 21/09/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
RULE.
Mr.
L.R. Pujari, 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.
By
filing instant application, the applicant – convict prisoner,
who, vide common judgment and order dated 19/9/2009 rendered in
Sessions Case No. 78 of 2004 with Sessions Case Nos. 77/2005 and
121/2005 by the Ld. Addl. Sessions Judge, Rajkot, has been convicted
for the offence punishable under Sections 302, etc. of the Indian
Penal Code and sentenced to imprisonment for life, has filed this
application, praying to enlarge him on temporary bail of 20 days to
enable him to attend after-death ceremony of his father, who has
died on 19/9/2010.
We
have heard Mr. Prashant Mankad, Ld. Advocate for Mr. Chudasama, Ld.
Advocate for the applicant, so also Mr. L.R. Pujari, Ld. APP for the
respondent State of Gujarat. We have also perused the averments made
in the application and also the supporting documents that form part
of the application. We have also gone through the jail remark sheet
submitted by the learned APP during the course of his submissions.
Upon
perusal of the jail remark sheet, we have noticed that the applicant
has undergone total period of 3 years, 1 month and 14 days’
imprisonment. During that period, he was enlarged on temporary bail
on one occasion on account of illness of his father and similarly he
has also enjoyed one furlough leave and on all the occasions he has
surrendered in time. He has not misused the liberty granted to him.
His conduct in jail is good. Besides this, a perusal of receipt
issued by the WQF Committee, Rajkot, it is seen that his father has
been buried in the said graveyard on 19/9/2010.
In
view of this, we deem it expedient to consider the plea of the
applicant to release him on temporary bail for a period of 15 days
from the date of his actual release.
For
the foregoing reasons, the Application succeeds in part and is
partly allowed. The Applicant – Convict – SALMINBHAI
SIRAJBHAI PATHAN 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 shall not abuse the liberty
granted to him and shall maintain law and order. Rule is made
absolute accordingly to the aforesaid extent.
Direct
service is permitted.
(A.M.
Kapadia,J)
(J.C.
Upadhyaya,J)
*
Pansala.
Top