Gujarat High Court
Rakesh vs State on 3 August, 2010
Author: A.M.Kapadia
Bench: A.M.Kapadia
Gujarat High Court Case Information System
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CR.MA/7525/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7525 of 2010
In
CRIMINAL
APPEAL No. 179 of 2003
=========================================================
RAKESH
SOMABHAI THAKORE - 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
: 03/08/2010
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 31/12/2002 rendered in Sessions Case No. 48 of 1998 by the Ld. Addl. Sessions Judge, Ahmedabad [Rural], 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 for the following three reliefs :
I. To enlarge him on regular bail during pendency and final hearing of the above numbered Criminal Appeal, II. To enlarge him on temporary bail during pendency and final hearing of the above numbered Criminal Appeal, III. To expedite the hearing of the appeal on the grounds stated in the application.
We have considered submissions advanced by Mr. L.B. Dabhi, Ld. APP for the respondent - State of Gujarat. We have also perused the averments made in the application and also the supporting documents that form part of the application and the jail remark sheet submitted by the learned APP.
Upon perusal of the jail remark sheet, we have noticed that the applicant has undergone total period of 9 years, 1 month and 25 days' imprisonment and during that period, he was released on parole leave on two occasions, temporary bail on two occasions and also on furlough leave on three occasions. While enjoying last furlough leave I.e. in the year 2006, he has not surrendered before the jail authority and he has absconded for a period of 1078 days and thereafter, police has arrested him and sent him to jail.
In view of the aforesaid state of affairs, the plea for releasing him on regular bail or temporary bail cannot be entertained. However, looking to the total period of 9 years, 1 month and 25 days' imprisonment undergone, so also the paper book is ready, according to us, if the prayer of expediting the hearing of the appeal is granted, the same would meet the ends of justice.
For the foregoing reasons, the Application succeeds in part and is partly allowed. While rejecting prayer for regular bail or temporary bail, we allow the prayer for expeditious hearing of the appeal. Accordingly, the Registry is directed to list the above numbered Criminal Appeal in final hearing board in seriatim. Rule is made absolute accordingly to the aforesaid extent.
(A.M.Kapadia,J) (J.C.Upadhyaya,J) * Pansala.Top