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CR.MA/7272/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7272 of 2008
In
CRIMINAL
APPEAL No. 116 of 2003
=======================================================
VIRAMJI
MANJIJI THAKOR,
THRO'
GAJRABEN VIRAMJI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=======================================================
Appearance :
PARTY-IN-PERSON
for Applicant(s) : 1,
MR HL JANI APP for Respondent(s) :
1-2,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 18/06/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE KS JHAVERI)
Rule.
Learned A.P.P. Mr.H.L. Jani waives service of rule on behalf of the
respondents.
The
party-in-person, who is wife of the convict prisoner viz., Viramji
Manjiji Thakor, has filed this application during vacation for
releasing the convict on temporary bail for a period of 60 days
mainly on the ground that the party-in-person is likely to deliver
child as per the say of the doctor and, hence, presence of the
convict is required. Therefore, notice was issued making it
returnable today. In pursuance of issuance of notice, Learned
Additional Public Prosecutor, Mr.Jani has appeared and submitted the
report of S.P., Patan along with the jail record, which are ordered
to be taken on record.
In
the report, the S.P., Patan has objected mainly on the ground that
when the convict was released on temporary bail in past, he misused
his liberty and remained absconding on two occasions for a period of
five days and one day respectively. Therefore, we have gone through
the detail submitted by the jail authority, which shows that there
are only two occasions of late surrender by five days and one day
respectively. Record also shows that no proceedings have been
initiated for remaining absconding and, therefore, the report
submitted by the jail authority is misleading and on the basis of
that, the S.P., Patan has also submitted the report and, hence, we
are not happy with the act of jail authority as well as S.P., Patan.
Looking
to the facts and circumstances, the application is partly allowed
and the convict prisoner is ordered to be
released on temporary bail for a period of 15 (Fifteen) Days
from the date of his release on his executing a personal bond in the
sum of Rs.5,000/- (Rupees Five Thousand only) before the jail
authority.
He
shall surrender before the Jail Authority immediately after the
aforesaid period is over.
Rule
is made absolute to the aforesaid extent. D.S. is permitted. The
office is directed to hand over the direct service packet is
permitted. The convict shall enjoy the aforesaid temporary bail
period at the relevant time.
It
may be stated that before giving an opinion by the jail authority as
well as S.P., Patan, they should have kept in mind the fact that the
Court would take a decision relying upon their opinion. If they
submit the report without applying their mind, it may lead to
miscarriage of justice and that is happened in this case.
Office
shall supply the copy of this order to Learned
Additional Public Prosecutor. Learned
A.P.P. is directed to send copy of the order to S.P., Patan as well
as Jail Authority so that before giving opinion, they should take
care of it.
(R.P.DHOLAKIA,
J.) (K.S.JHAVERI, J.)
/patil
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