Gujarat High Court
Hemant vs State on 12 July, 2012
Bench: Ravi R.Tripathi, Paresh Upadhyay
Gujarat High Court Case Information System
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CR.MA/9937/2012 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9937 of 2012
In
CRIMINAL
APPEAL No. 2835 of 2008
=========================================================
HEMANT
NAGINDAS MODI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE PARESH UPADHYAY
Date
: 12/07/2012
ORAL ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed for reviewing the order, whereby, the application of the present convict was rejected i.e. order dated 24.5.2012 in Criminal Misc. Application No.7098 of 2012. By the said order, his application for grant of temporary bail was rejected. The order reads as under:
"The request of the applicant, a life convict, to grant him temporary bail on the ground of undertaking procedure about succession before the authority and court, in view of his jail record, which includes 984 days of late surrendered earlier in the year 2008 and 2011, do not require any consideration and in absence of merits, this application is rejected".
The jail remarks are on record.
The convict is undergoing life imprisonment for an offence under Sections 302, 149, 325, 324, 148 and 143 of Indian Penal Code in Sessions Case No.280 of 2005. He was convicted by judgment and order dated 27.8.2008.
As on 4.7.2012, the convict has undergone 2 years, 10 months and 45 days.
His brother, Sachin Nagindas Modi is also co-convict in the case. It is mentioned in the jail remarks that he was granted parole for a period of 20 days on the ground of sickness of his mother and son starting from 14.10.2008 to 2.11.2008 i.e. the soon after the conviction dated 27.8.2008. The applicant did not report back to the jail and he absconded from 3.11.2008 to 14.7.2011 totaling to 984 days and he was lodged back in jail only after he was arrested by police.
Taking into consideration the aforesaid jail record, this Court is of the opinion that the order which is sought to be reviewed (dated 24.5.2012), no case is made out to review the same. Hence, this application is rejected.
(RAVI R.TRIPATHI, J.) (PARESH UPADHYAY, J.) (ashish) Top