Gujarat High Court
Rimlabhai Poonabhai Raathva vs State Of Gujarat & on 17 March, 2015
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi, R.D.Kothari
R/CR.MA/4251/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 4251 of 2015
In CRIMINAL APPEAL NO. 125 of 2014
================================================================
RIMLABHAI POONABHAI RAATHVA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
================================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
================================================================
CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 17/03/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the convict through jail seeking regular bail on the ground that his family is in a very miserable condition inasmuch as the mother and the sister of the convict have died after he is convicted and recently - some time back, his father has also expired. It is mentioned in the application that all of them have died because of non-availability of proper treatment and food. It is also mentioned in the application that wife of the convict has suffered paralysis and the convict is having three minor children who are in a very pathetic condition.
Page 1 of 3R/CR.MA/4251/2015 ORDER
2. The matter came up for consideration on 3.3.2015. The Court passed the following order :
"The facts set out in the application are grave. It will be in the fitness of thing if the learned APP Mr.H.K.Patel gets the contents of the application verified.
The matter is adjourned to 10.3.2015."
3. On 10.3.2015, learned APP Mr.Patel produced on record a communication dated 8.3.2015 which was accompanied by the statements of the brothers of the convict as well as the wife of the convict recorded on 6.3.2015. It was noticed in that statement of the wife of the convict that she is not suffering from paralysis and therefore, the learned APP was asked to confront the said statement to the convict and record his statement in light of the contents of the statement of his wife.
4. Today, learned APP Mr.Patel places on record the statement of the convict recorded on 17.3.2015, wherein the convict has reiterated that his wife has suffered paralysis but, he states that it was in the year 2012 and thereafter, she had taken the treatment from T.B.Hospital, Gotri and in the year 2013, she had taken the treatment from Vora Hospital, Ajwa, Vadodara. He also states that he will be producing the papers of the said treatment.
5. Taking into consideration the contents of the statement of the wife of the convict recorded on 6.3.2015, this Court has no hesitation in holding that the case pleaded by the convict in the application as well as in the statement is having no Page 2 of 3 R/CR.MA/4251/2015 ORDER truth and therefore, this application is rejected.
6. The Registry is directed to send a copy of this order to jail authorities to be kept in the history ticket of the convict.
7. A copy of this order be made available to learned APP for its onward communication for compliance.
(RAVI R.TRIPATHI, J.) (R.D.KOTHARI, J.) vipul Page 3 of 3