Gujarat High Court
Tulsibhai vs State on 12 August, 2010
Author: A.M.Kapadia
Bench: A.M.Kapadia
Gujarat High Court Case Information System
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CR.MA/9150/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9150 of 2010
In
CRIMINAL
APPEAL No. 82 of 2006
=========================================================
TULSIBHAI
LALJIBHAI LIMBACHIYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR LB DABHI, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 12/08/2010
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE A.M.KAPADIA) RULE.
Mr. L.B. Dabhi, learned APP appears and waives service of notice of Rule on behalf of the Opponent- State of Gujarat.
Having regard to the facts of the case, the application is taken up for hearing today.
The applicant - convict prisoner, who, vide judgment and order dated 15/12/2005 rendered in Old Sessions Case No. 105 of 2004 and New Sessions Case No. 12/2005, by the Ld. Addl. Sessions Judge, Surat, has been convicted for the offence punishable under Sections 302, etc. of the Indian Penal Code and sentenced to imprisonment for life, has filed this application through jail authority, praying to enlarge him on temporary bail for a period of 30 days, to enable him to get the treatment of his ailment of hypertension of a doctor of his own choice.
We have considered the submissions advanced by Mr. L.B. Dabhi, Ld. APP for the respondent - State of Gujarat and have perused the averments made in the application and also the supporting documents that form part of the application. We have also gone through the jail remark sheet forwarded by the jail authority along with the application.
Upon perusal of the jail remark sheet, we have noticed that the applicant has undergone total period of 4 years and 9 days' imprisonment. During that period, he was enlarged on temporary bail on two occasions and also he enjoyed one furlough leave. Beside this, he was also released on parole on three occasions granted by the District Magistrate, Baroda, prior to admission of the appeal. When he was released on temporary bail in the month of February 2008, he jumped the bail and absconded for a period of 701 days and thereafter he was arrested by the police and sent to jail. That apart, three co-accused are still absconding. Beside this, perusal of certificate issued by the Medical Officer, Vadodara Central Jail , shows that the applicant is having general ailment of hypertension, his report is normal, his Chest X-Ray is also normal and at present he is taking conservative treatment from jail.
In view of this, we are not inclined to enlarge the applicant on temporary bail for a period of 30 days on the ground stated in the application.
For the foregoing reasons, the Application fails and it is accordingly rejected. Rule is discharged.
(A.M.Kapadia,J) (J.C.Upadhyaya,J) * Pansala.
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