Gujarat High Court Case Information System
Print
CR.MA/1928/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1928 of 2011
In
CRIMINAL
APPEAL No. 1016 of 2006
=================================================
VAGHAJI
RAMSANGJI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance
:
THROUGH
JAIL for Applicant(s) : 1,
Mr.K.P. RAVAL, 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
: 28/02/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed through Jail seeking 30 days of
temporary bail for the purpose of repairing of the house. A
certificate dated 24.02.2011 issued by Talati cum Mantri of Village
Akhol Moti Group Gram Panchayat, Taluka Deesa, District Banaskantha
is annexed. The learned APP was asked to take instructions in the
matter. The learned APP has placed on record a communication dated
19th February 2011 from the Office of the Police
Inspector, Deesa Rural. The learned APP also made available for
perusal ‘Jail remarks’. It is true that on 21st May 2007
he had absconded from temporary bail which was granted on the
occasion of marriage of his daughter (15 days temporary bail from 6th
to 20th May 2007). Later on he was required to be
produced in Jail by the Police. For that, punishment of forfeiture of
ensuing furlough was imposed. Lastly he was released on temporary
bail from 6th to 20th May 2007, wherefrom he
absconded and he could be brought back to Jail only after 314 days on
30th March 2008. Even after that almost 3 years has
expired. The present application seeking 30 days temporary bail for
repairing house is found to be worth considering.
RULE.
The learned APP Mr.Raval waives service of rule.
The
learned APP submitted that the Police opinion is adverse and it is
stated in the said communication dated 19th February 2011
that if he is granted temporary bail as the other side is residing in
the same village it cannot be said as to what may happen. This is
nothing but an escapism on the part of the Police authorities. The
person is in Jail for an offence which he has committed in the year
2003 and by now he has already undergone 6 years and 3 months and 18
days. In between he has enjoyed temporary bail twice and furlough
once, out of which when he was out on temporary bail in the year
2007, he absconded and he could be brought back only after he was
arrested by the Police. But that does not disentitle him for all the
time for getting temporary bail. Only because he has a major son is
not sufficient to refuse temporary bail when it is prayed for
repairing house. The fact that son is aged 19 years today shows that
he was about 12 years when his father was taken to Jail and he has
also a daughter aged 16 years. His father is not alive and he has
aged widowed mother.
2. Considering
the above aspects, the applicant is ordered to be released on
temporary bail for 30 (thirty) days from the date of
his release on his executing a personal bond of Rs.5000/- (Rupees
five thousand only) with one surety of the like amount to the
satisfaction of the Jail authorities. The applicant is directed to
mark his presence on every Monday between 08.00 AM and 01.00 PM at
the nearest Police Station.
3. The
applicant shall surrender himself to the Jail authorities on expiry
of the above temporary bail period.
4. The
application is allowed Rule is made absolute.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
Top