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CR.MA/13952/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13952 of 2010
In
CRIMINAL
APPEAL No. 1024 of 2005
=========================================================
SHAILESH
@ CHALIYO CHATURBHAI DANTANI, THRO' SURYABEN SHAILE - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
JAYSHREE C BHATT for
Applicant(s) : 1,MS BHARTI H RANA for Applicant(s) : 1,
MR. DABHI,
APP, for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 22/11/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1 Rule.
Mr. L.B. Dabhi, learned APP, waives service of notice of rule on
behalf of the respondent State of Gujarat.
2 Having
regard to the facts of the case, the application is taken up for
hearing today.
3 The
applicant- convict prisoner, who, by judgement and order dated
23.4.2005 rendered in Sessions Case No. 7 of 2004, passed by learned
Additional Sessions Judge, Ahmedabad, has been convicted for the
offence punishable under Section 302 of the Indian Penal Code and
other offences and sentenced to life imprisonment, has filed this
application praying to enlarge him on temporary bail for a period of
15 days to enable to enable him to perform the marriage ceremony of
his son Sanjaykumar which is scheduled on 28.11.2010 at Ahmedabad.
4 We
have gone through the application and the supporting documents that
form part of the application and have considered the submissions
advanced by Ms. Jayshree Bhatt, learned advocate for the applicant
and Mr. Dabhi, learned APP, for the respondent Satate of Gujarat. We
have also gone through the jail remarks sheet forwarded by the jail
authority.
5 Upon
perusal of the jail remarks sheet, we find that the applicant has
undergone more than 5 years imprisonment as against the imprisonment
for life. During the said period, he has not availed any temporary
bail. However, he has availed furlough leave on three occasions and
surrendered in time. That apart, there is no jail punishment. His
conduct in jail is good. Besides, his presence for performing
marriage ceremony of his son Sanjaykumar is genuine. In view of the
aforesaid, if the applicant-convict is released on temporary bail for
a period of two weeks from the date of his actual release, the same
would meet the ends of justice.
6 For
foregoing reasons, the application succeeds and accordingly, it is
allowed. The applicant-convict prisoner Shailesh alias Chaliyo
Chaturbhai Dantani 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-convict shall surrender to the jail
authority on completion of 15 days from the date of his actual
release without fail. During the period of temporary bail, the
applicant-convict shall not abuse the liberty granted to him and
shall maintain law and order.
7. Rule
is made absolute accordingly. Direct service is permitted.
(A.M. KAPADIA, J)
(BANKIM N. MEHTA, J)
(pkn)
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