Gujarat High Court
Rameshbhai 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/7995/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7995 of 2010
In
CRIMINAL
APPEAL No. 3081 of 2008
=========================================================
RAMESHBHAI
BHEMABHAI BARIYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL 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 15.10.2007 rendered in Sessions Case No.146 of 2007 by the learned Addl.Sessions Judge, Panchmahal at Godhra has been convicted for the offence punishable under Section 304 Part-I, 114 IPC and sentenced to suffer RI for 10 years, has filed this application through jail authority, praying to enlarge him on temporary bail for 30 days, to enable him to cultivate his land.
We have gone through the application and the supporting documents that form part of the application and have considered the submissions advanced by Mr.R.C.Kodekar, learned APP for the respondent - State of Gujarat. We have also gone through the jail remarks sheet forwarded by the jail authority along with the application.
Upon perusal of the jail remarks sheet, we find that the applicant has undergone total period of 2 years, 11 months and 7 days imprisonment as against the sentence of RI for 10 years. During that period, he was enlarged on parole on 4 occasions by District Magistrate, Vadodara. In 2010, he was released on parole on 3 occasions by District Magistrate, Vadodara. That apart, applicant has not produced any documents showing the ownership of the agricultural land. In view of the aforesaid, we do not deem it expedient to enlarge the applicant on temporary bail for a period of 30 days to cultivate his land.
For the foregoing reasons, the application fails, and is accordingly dismissed.
Rule is discharged.
(A.M.KAPADIA, J.) (J.C.UPADHYAYA, J.) (binoy) Top