Gujarat High Court
Nayan S/O. Thansinh Patva vs State Of Gujarat on 21 February, 2019
Author: J. B. Pardiwala
Bench: J.B.Pardiwala, A.C. Rao
R/CR.A/349/2018 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (TEMPORARY BAIL) NO. 2 of 2019
In
R/CRIMINAL APPEAL NO. 349 of 2018
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NAYAN S/O THANSINH PATVA THRO SHAILENDRA THANSINH PATVA Versus JAIL SUPERINTENDENT ============================================= Appearance:
HCLS COMMITTEE for the PETITIONER(s) No. MR PV PATADIYA for the PETITIONER(s) No. for the RESPONDENT(s) No. MR RONAK RAVAL, ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No. ============================================= CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR.JUSTICE A.C. RAO Date : 21/02/2019 IA ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
1. This is an application at the instance of a convict-
accused seeking temporary bail on the ground that he is to get married on 24.02.2019 with a girl by name Geeta - daughter of Pratapji Raysangji Thakore. It appears that the applicant-convict sought legal aid and that is how Mr.P.V. Patadiya, the learned counsel appointed by the High Court Legal Services Committee, has appeared on behalf of the applicant-convict. This application was notified yesterday on Board.
2. This application has been filed by the applicant-convict through his younger brother - Shailendra Thansinh Patva. Shailendra Thansinh Patva was also personally present yesterday before this Court. When we noticed that temporary bail is prayed for on the ground of the marriage of the convict, Page 1 of 4 R/CR.A/349/2018 IA ORDER we were a bit disturbed. We got disturbed by the fact that although the applicant has been sentenced to undergo life imprisonment yet, he intends to get married and the marriage would practically ruin the entire life of an innocent girl. We wondered how the parents of the girl must have agreed to get their daughter married to a convict undergoing life imprisonment.
3. In such circumstances, we thought fit to request Mr. Patadiya to call for the parents of Geeta. At 2.30 in the afternoon, one person appeared before us posing himself to be Pratapji Raysangji Thakore, the father of the to be bride. We inquired with that person as to how he and his family has agreed to get Geeta married to a convict undergoing life imprisonment. We tried to make him understand that the marriage of his daughter with a convict undergoing life imprisonment may ruin the entire life of his daughter. However, the person who appeared before us submitted that his daughter Geeta was engaged with the applicant herein since their childhood days. In such circumstances, we thought fit to ask Shailendra Thansinh Patva and the person who appeared before us posing himself to be the father of Geeta to call for Geeta so that we could speak to her and ascertain her wish and desire as regards the marriage.
4. Shailendra Thansinh Patva and the person who introduced himself as the father of Geeta submitted that Geeta would take about two and half hours to reach the High Court from Viramgam. At 4.45 p.m. we took up the matter and inquired whether Geeta had arrived or not? At that point of time, Shailendra Patva - the brother of the applicant-convict Page 2 of 4 R/CR.A/349/2018 IA ORDER broke down and confessed that the ground on which the temporary bail is prayed for is false. He confessed that there is no girl by name Geeta or no person by name Pratapji Raysangji Thakore. He confessed that he desperately wanted his brother to come out of the jail as the mother is wailing everyday and is very eager to see her son i.e. the convict. He also confessed that he got the marriage invitation card printed for this purpose and the card is also bogus. Shailendra also confessed that the man who appeared before this Court posing himself to be Pratapji Raysangji Thakore - the father of Geeta, was a fictitious person.
5. Thus it appears that on the false ground of marriage of the convict this application came to be filed seeking temporary bail.
6. There is no doubt that this is a case of outright fraud and perjury. Shailendra Thansinh Patva - the brother of the convict has affirmed this application on oath. All the statements made in this application on oath are false. The person who appeared before this Court posing himself to be the father of Geeta has also committed fraud.
7. In such circumstances, this application filed by the convict seeking temporary bail is outright rejected. However, mere rejection of this application would not be sufficient. Shailendra Thansinh Patva i.e. the brother of the convict and the person who posed himself to be the father of Geeta have played fraud with this Court. They both should be dealt with accordingly in accordance with law. The Registry is directed to take appropriate steps in this regard.
Page 3 of 4R/CR.A/349/2018 IA ORDER
8. So far as the convict is concerned, we are of the view that in future if he prefers any application seeking temporary bail before this Court, then this order passed by us today should be annexed alongwith the application. Whether the convict himself is a party to this fraud or not should also be inquired in the proceedings that may be initiated against Shailendra Thansinh Patva and the fictitious person who posed himself to be the father of Geeta.
9. The parties to this proceedings have constrained us to pass a strict order. We may only say that Shailendra at the end of the day was honest enough to confess his guilt or the mistake he committed. He submitted before us that he had to indulge in such an illegal activity because he is unable to see the pain and agony which his mother is undergoing on account of his brother undergoing life imprisonment. As this has something to do with the administration of justice, an appropriate action should be taken in accordance with law.
10. We also direct the Jail Authority to ensure that as and when they forward the jail report of the applicant-convict in future in connection with any application that may be filed by the convict, they shall alongwith the said report annex this order passed by this Court today.
(J. B. PARDIWALA, J) (A. C. RAO, J) Dolly Page 4 of 4