Gujarat High Court
Ratilal vs State on 17 August, 2010
Author: A.M.Kapadia
Bench: A.M.Kapadia
Gujarat High Court Case Information System
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CR.MA/9497/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9497 of 2010
In
CRIMINAL
APPEAL No. 132 of 2004
=========================================
RATILAL
LAKHABHAI CHAUHAN
Versus
STATE
OF GUJARAT & 1
=========================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR. L.B.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
: 17/08/2010
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.
By filing instant application, the applicant convict - prisoner, who has been convicted vide judgment and order dated 25.11.2003 rendered in Sessions Case No.222 of 2002 by the learned Additional Sessions Judge, Kheda at Nadiad, for the offences punishable under Sections 302 etc. of the Indian Penal Code and sentenced to imprisonment for life, has filed this application through jail authority, praying to enlarge him on temporary bail for a period of 60 days, to enable him to cultivate his land during this monsoon.
We have considered the submissions advanced by Mr. L.B.Dabhi, learned APP for the Respondent State of Gujarat and perused the averments made in the application and the supporting documents that form part of the application. We have also gone through the jail remark sheet submitted by the learned APP.
Upon perusal of the jail remark sheet, we have noticed that the applicant has undergone 7 years, 8 months and 13 days of imprisonment as against the sentence of imprisonment for life, and during the said period he was enlarged on temporary bail on three occasions and has also enjoyed parole leave on nine occasions, which was granted by the District Magistrate, Vadodara before 'Admission' of the Criminal Appeal, which came to be 'Admitted' vide order dated 7.10.2006. Thereafter he has not availed any parole leave. Besides this, on a perusal of the certificate dated 7.8.2010 issued by Ghodasar Gram Panchayat, it is seen that the condition of his family members is not good and there is nobody in his family to cultivate the land except his wife.
In view of this, we deem it expedient to enlarge the Applicant on temporary bail for a period of 15 days, which would meet the ends of justice.
For the foregoing reasons, the application succeed in part and accordingly it is partly allowed. The Applicant convict prisoner - RATILAL LAKHABHAI CHAUHAN 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 to the aforesaid extent.
Direct service is permitted.
(A.M.Kapadia,J) (J.C.Upadhyaya,J) Jayanti* Top