Gujarat High Court
Dineshbhai vs State on 30 July, 2010
Author: A.M.Kapadia
Bench: A.M.Kapadia
Gujarat High Court Case Information System
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CR.MA/7488/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7488 of 2010
In
CRIMINAL
APPEAL No. 1268 of 2006
=========================================================
DINESHBHAI
SANGRAMBHAI KHATANA , THRO' VAIBHAV DINES - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
JAYSHREE C BHATT for
Applicant(s) : 1,
MR RC KODEKAR, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 30/07/2010
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE A.M.KAPADIA) Rule.
Mr.R.C.Kodekar, 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 31.03.2006 rendered in Sessions Case No.93 of 2004 by the learned Fast Track Court Judge, Court No.6, Surat has been convicted for the offences punishable under Sections 302, 120B, 34 IPC and sentenced to suffer imprisonment for life, has filed this application, praying to enlarge him on temporary bail for 30 days, to enable him to attend his ailing wife during the surgery of hysterectomy and appendicitis, which is scheduled to be performed on 02.08.2010 in Divyesh Surgical Hospital at Surat.
Heard Ms.Jayshree Bhatt, learned advocate for the applicant and Mr.R.C.Kodekar, learned APP, for the respondent - State of Gujarat. We have gone through the application and the supporting documents that form part of the application. We have also gone through the jail remarks sheet forwarded by the Mr.R.C.Kodekar, learned APP during the course of hearing of the application.
Upon perusal of the jail remarks sheet, we find that the applicant has undergone total period of 6 years, 8 months and 10 months imprisonment. During that period, he was enlarged on parole leave on 5 occasions, furlough leave on 2 occasions and also enlarged on temporary bail on one occasion. On all the occasions, he has surrendered in time. Lastly he was released on temporary bail in 2009. Thereafter, he has not availed any leave. That apart, the grounds stated by the applicant in the application, to enable him attend his ailing wife during the surgery of hysterectomy and appendicitis, which is scheduled to be performed on 02.08.2010, seems to be genuine. In view of the aforesaid, according to us, if the applicant is released on temporary bail for a period of 15 days from the date of his actual release, the same would meet the ends of justice.
For the foregoing reasons, the application succeeds in part. Accordingly, it is partly allowed. The applicant - convict prisoner - Dineshbhai Sangrambhai Rabari is ordered to be released on temporary bail for a period of 15 days from the date of his actual release on executing a personal bond of Rs.5,000/- before the jail authority on usual terms and conditions. The applicant shall surrender to the jail authority on completion of 15 days from the date of his release without fail. During the period of temporary bail, the applicant shall not abuse the liberty granted to him, and shall maintain law and order.
Rule is made absolute accordingly. D.S permitted.
(A.M.KAPADIA, J.) (J.C.UPADHYAYA, J.) (binoy) Top