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CR.MA/14351/2010 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14351 of 2010
In
CRIMINAL
APPEAL No. 552 of
2009
===============================================
SHEKHAR
VASANTBHAI BHATIYA, THRO BALUBHAI JULALBHAI PATIL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
===============================================
Appearance
:
MS
KD PARMAR for Applicant(s) : 1,MR BS SUPEHIA for Applicant(s) : 1,
MR
KL PANDYA, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
None for
Respondent(s) : 2,
===============================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 03/12/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Learned
APP has placed on record a report received by him after the inquiry
made by the State authorities. The Registry shall keep a xerox copy
of the report on record and return the fax copy to the learned APP.
2. The
applicant seeks temporary bail for repairs of the house. In support
of the application, a certificate purported to have been issued by
Dharmeshbhai Bhimbhai Patel, President of Vejalpor Nagarpalika,
Vejalpor dated 4.10.2010 is produced. While inquiry was made through
State agency, it would found that the said certificate is not
officially issued. The statement of the President of Vejalpor
Nagarpalika was recorded. That statement reveals that the President
of Vejalpor Nagarpalika is one Vasantbhai Madhavbhai Patil and not
Dharmeshbhai Bhimbhai Patel, as transpiring from the certificate
relied upon by the applicant and that President admits in the
statement that the accused-convict is son and that he had issued this
certificate.
2.1 The
contents of the certificate nowhere reveal that it is issued by
Vasantbhai Madhavbhai Patil. The tenure of the certificate also does
not hint at any relationship between the prisoner and the person
issuing the certificate and although, Vasantbhai Madhavbhai Patil, as
he is the President of Nagarpalika, he has certified that Vasantbhai
Madhavbhai Patil is aged and ailing and therefore, prisoner-Shekhar
Vasantbhai Patil if released on temporary bail, he may be of help to
his father for repairing the house.
3. It
is, therefore, clear that the certificate is bogus and concocted and
it contains incorrect facts. The applicant has relied on such
document to achieve his goal of temporary bail. We reject this
application being not genuine. We are inclined to order for any
investigation/prosecution in this regard, however, instead, we leave
it open to the authorities concerned.
4. We,
however, direct that jail authorities shall place copy of this order
alongwith all future applications for temporary bail that may be made
through jail by the present applicant. We also direct the Registry to
place copy of this order alongwith all future applications that may
be preferred by the applicant for temporary bail.
Rule
is discharged.
[A.L.DAVE,
J.]
[K.M.THAKER,
J.]
kdc
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