Baloch Hamidkhan Sorabkhan. Vs. State of Gujarat and anr. - Court Judgment

Excerpt:
[mr. justice s.n.satyanarayana, j.] this mfa is filed under section 23( 1) of railways claims tribunal act, against the judgment dated 23.01.2009 passed in o.a.no.58/2006 on the file of the railway claims tribunal, bangalore bench, dismissing the claim application filed under section 16 of the rct act for payment of compensation......having regard to the facts of the case, the application is taken up for hearing today.4. the applicant convict prisoner, who, by judgment and order dated 20.3.2006 rendered in sessions case no.43 of 2004 by the learned additional sessions judge, fast track court no.2, patan has been convicted for the offence punishable under section 302 of the indian penal code and sentenced imprisonment of life, has filed this application praying to enlarge him on temporary bail for a period of three months, to enable him to get the treatment of the doctor of his own choice for the various ailments suffered by him.5. having heard mr. mr prajapati, learned advocate for the applicant and mr. lb dabhi, learned app for the respondent state of gujarat and upon perusal of the averments made in the.....

Judgment:
1. Amendment is allowed. Applicant to carry out amendment as per the draft amendment during the course of the day.

2. Rule. Mr. LB Dabhi, learned Addl. Public Prosecutor waives service of notice of rule on behalf of the respondent State of Gujarat.

3. Having regard to the facts of the case, the application is taken up for hearing today.

4. The applicant convict prisoner, who, by judgment and order dated 20.3.2006 rendered in Sessions Case No.43 of 2004 by the learned Additional Sessions Judge, Fast Track Court No.2, Patan has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced imprisonment of life, has filed this application praying to enlarge him on temporary bail for a period of three months, to enable him to get the treatment of the doctor of his own choice for the various ailments suffered by him.

5. Having heard Mr. MR Prajapati, learned advocate for the applicant and Mr. LB Dabhi, learned APP for the respondent State of Gujarat and upon perusal of the averments made in the application so also the jail remark sheet, since the applicant has not made out case for releasing him on temporary bail, we are not inclined to grant temporary bail in favour of the applicant.

6. For foregoing reasons, the application fails and it is accordingly rejected. Rule is discharged.