Gujarat High Court
Parbatbhai Nagjibhai vs State Of Gujrat on 2 August, 2011
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 9746 of 2001
in
CRIMINAL APPEALNo 36 of 1999
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PARBATBHAI NAGJIBHAI
Versus
STATE OF GUJRAT
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Appearance:
1. Criminal Misc.Application No. 9746 of 2001
MR G RAMAKRISHNAN for Petitioner
THROUGH JAIL for Petitioner No. 1
MS NANDINI JOSHI, APP for Respondents
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CORAM : MR.JUSTICE J.M.PANCHAL
and
MR.JUSTICE J.R.VORA
Date of Order: 11/01/2002
ORAL ORDER
(Per : MR.JUSTICE J.M.PANCHAL) Rule. Ms. Nandini Joshi, learned A.P.P. waives service of notice of rule on behalf of the opponents. Having regard to the facts of the case, the application is heard today.
2.By submitting this application through Jail Superintendent, Central Jail, Ahmedabad, prisoner i.e. Parbatbhai Nagjibhai, who is convicted under the provisions of the Narcotic Drugs and Psychotropic Substances Act and sentenced to R.I. for 10 years, has prayed that either his appeal be heard immediately or he be granted regular bail during the pendency of the appeal.
3.Heard the learned counsel for the State Government. The record of the case shows that the appeal is of the year 1999 and the appeals of other convicts which are filed in the years 1996, 1997, 1998 etc. are not heard. Therefore, no case for giving priority to the convict in the matter of hearing of his appeal is made out. As far as the prayer for bail is concerned, we find that the prayer for bail made by the convict was rejected while admitting the appeal. Further, the prayer for bail made by the convict in Misc. Criminal Application No. 4578/2001 was rejected by the Division Bench comprising B.C.Patel & A.L.Dave,JJ, on July 30, 2001. The similar relief claimed was also rejected by the Court vide order dated June 6, 2000 which was passed in Misc.Criminal Applicatin No. 3698/2000. The convict has failed to point out any change in circumstances so as to enable him to claim the same relief again. Under the circumstances, the prayer for bail during the pendency of appeal cannot be entertained and is liable to be rejected.
For the foregoing reasons, the application fails and is dismissed. Rule is discharged.
(J.M.Panchal,J.) ( J.R.Vora, J.) (patel)