Gujarat High Court
Aswinkumar vs State on 25 August, 2010
Author: A.M.Kapadia
Bench: A.M.Kapadia
Gujarat High Court Case Information System
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CR.MA/9370/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9370 of 2010
In
CRIMINAL
APPEAL No. 714 of 2007
=========================================================
ASWINKUMAR
MOHANBHAI CHHOVAL - 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
: 25/08/2010
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 respondent 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 29th January 2007 rendered in Sessions Case No.223/1993 by the learned Presiding Officer, 4th Fast Track Court, Surat, has been convicted for the offences punishable under Sections 302 etc. of the Indian Penal Code and sentenced to suffer imprisonment for life, has filed this application through jail, praying to enlarge him on temporary bail for a period of 30 days to enable him to pay the deficit amount of stamp duty as he has received notice from the Collector, Revenue Department on 21st September 2007.
Upon perusal of the jail remark sheet, we have noticed that the applicant convict prisoner has undergone total period of 3 years and 9 months of imprisonment as against the sentence of imprisonment of life and during the said period he has enjoyed temporary bail on two occasions. When he was enlarged on temporary bail in August 2008 he surrendered late by 22 days. He was absconding and the police arrested him and sent to jail. Similarly, he has also enjoyed one parole leave granted by the District Magistrate, Vadodara, as well as one furlough leave in the year 2009. On that occasion also, he surrendered late by 4 days. Beside this, the grounds stated by the applicant about payment of deficit amount of stamp duty pursuant to the notice issued by the Collector, Revenue Department on 21st September 2007, does not appeal to us because as per the annexures sent by him through jail authority, it is seen that the deficit amount of stamp duty has already been paid on 27th April 2010.
In view of this, we do not deem it expedient to consider the plea of the applicant convict prisoner to release him on temporary bail.
For the foregoing reasons, the application fails and accordingly it is rejected. Rule is discharged.
(A.M.Kapadia, J.) (J.C.Upadhyaya, J.) /moin Top