Gujarat High Court
Vishal @ Rinku Punjabi S/O Vijaykumar ... vs State Of Gujarat on 4 December, 2018
Author: K.M.Thaker
Bench: K.M.Thaker
R/CR.A/1120/2018 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 4 of 2018
IN R/CRIMINAL APPEAL NO. 1120 of 2018
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VISHALKUMAR VIJAYBHAI SHARMA THRO SHARMA PRITIBABA VISHALKUMAR Versus JAIL SUPERINTENDENT ========================================================== Appearance:
PARTY IN PERSON for the PETITIONER(s) No. for the RESPONDENT(s) No. MS MONALI BHATT, APP for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE K.M.THAKER and HONOURABLE MR.JUSTICE V. B. MAYANI Date : 04/12/2018 IA ORDER (PER : HONOURABLE MR.JUSTICE K.M.THAKER)
1. This application is taken out by wife of a person who is convicted in Sessions Case No.11 of 2017 and Sessions Case No.19 of 2017 for offence punishable under Section 302,143, 147, 148, 149, 342, 365 and 120(B) of the Indian Penal Code and is sentenced to undergo life imprisonment.
2. The wife of the convict has taken out this application as a party-in-person and requested for grant of temporary bail to the convict for a period of thirty days on the ground that she is pregnant and expected date of child birth is 04/12/2018 (today).
3. Rule, returnable forthwith. Learned APP has waived service of Rule.Page 1 of 2 Downloaded on : Wed Jul 03 00:20:11 IST 2019
R/CR.A/1120/2018 IA ORDER
4. We have gone through the application and the details/ reasons mentioned in the application.
5. We have also considered the jail record and remarks, submitted by learned APP. From the jail remarks, it appears that the convict person is convicted recently vide order dated 17/05/2018 and during past seven months, he has already availed parole leave for fifteen days in June-July, 2018.
6. The applicant herself is present in the Court and submitted that date mentioned in the application is wrongly typed and expected date for child birth is 04/01/2019.
7. Under the circumstances, at this stage, we are not inclined to grant temporary bail more particularly in view of the fact that the convict has recently availed parole leave in June-July, 2018.
8. Therefore, the application is rejected. Rule is discharged.
9. At appropriate stage, the applicant or the convict may prefer an application when the application can be considered.
(K.M.THAKER, J) (V. B. MAYANI, J) ila Page 2 of 2 Downloaded on : Wed Jul 03 00:20:11 IST 2019