IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 2828 of 2003
in
CRIMINAL APPEALNo 872 of 2000
For Approval and Signature:
Hon'ble MR.JUSTICE D.K.TRIVEDI
and
Hon'ble MR.JUSTICE J.R.VORA
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1. Whether Reporters of Local Papers may be allowed : YES
to see the judgements?
2. To be referred to the Reporter or not? : NO
3. Whether Their Lordships wish to see the fair copy : NO
of the judgement?
4. Whether this case involves a substantial question : NO
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the concerned : NO
Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals?
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VELUJI CHHAGUJI ZALA
Versus
STATE OF GUJARAT
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Appearance:
MS KRISHNA U MISHRA for Petitioner No. 1
MR MJ BUDDHBHATTI for Petitioner No. 1
MR LR PUJARI, APP for Respondents
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CORAM : MR.JUSTICE D.K.TRIVEDI
and
MR.JUSTICE J.R.VORADate of decision: 02/05/2003
ORAL JUDGEMENT (Per : MR.JUSTICE D.K.TRIVEDI)
1.Rule. Mr. L.R.Pujari, learned APP waives
service of Rule on behalf of respondents. By consent,
the rule is fixed forthwith.
2.This application is filed by the applicant
convict jail praying for temporary bail for a period of 3
weeks on the ground that the applicant’s nephew
Ranjitsinh’s marraige is fixed on 10.5.2003 and the
marriages of his sister’s two sons, namely, Dilipsingh
and Nathuji, are fixed on 20.5.2003, and the presence of
the applicant is required at the time of their marriage.
It is also the case of the applicant that the applicant
had enjoyed one time temporary bail and one time furlough
leave and had surrendered to the Jail Authority in time.
The applicant has also annexed the invitation cards
showing the marriage of Dilipsingh and Nathuji, etc, as
observed earlier. The Police opinion produced by Mr.
Pujari for our perusal shows that the police opinion is
against the prisoner, and according to the Police, if the
applicant – convict is released, there will be a breach
of peace. The jail statement shows that the applicant
was convicted by the learned Additional Sessions Judge,
Ahmedabad, for the offence under Section 302 of the IPC
on 20.7.2000 and has ordered to suffer R.I. for life.
He is in jail for about more than 4 years including the
period of remission earned by him. Twice he was released
on temporary bail and once furlough leave and all the
occasions, he surrendered to the Jail Authorities in
time. In spite of this, the police opinion shows that if
the applicant accused is released on temporary bail,
there is likelihood of breach of peace. In our view,
such opinion is given mechanically without verifying the
fact that earlier the accused was released twice on
temporary bail and once on furlough leave and no untoward
incident had occurred and further that all the times the
accused had surrendered to the Jail Authority in time.
Accordingly, we are inclined to release the applicant
convict on temporary bail and the Jail Authority is
directed to release the applicant – accused on temporary
bail from 8.5.2003 on furnishing cash deposit of Rs.
2,000/- (Rupees two thousand only) with the Jail
Authority on usual terms and conditions and he shall
surrender to the Jail Authority on 12.05.2003, and
thereafter on his surrender, again the applicant is
ordered to be released on temporary bail from 18.5.2003
and he is directed to surrender to the Jail Authority on
21.5.2003 on the same terms and conditions. The
applicant is further directed to surrender to the Jail
Authority on expiry of both the period of temporary bail.
Rule is accordingly made absolute in the above terms.
D.S. is permitted.
(D.K. Trivedi, J.)
(J.R. Vora, J.)
p.n.nair