TOOFANSiNGH GURUBACHCHANSiNG SHiKH - THRO' KAViTABEN SHiKH Vs. STATE OF GUJARAT and 1 - Court Judgment

Excerpt:

Judgment:

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL

MISC.APPLICATION No. 13876 of 2011

In

CRIMINAL APPEAL No. 26 of 2009

=========================================================

TOOFANSINGH

GURUBACHCHANSING SHIKH - THRO' KAVITABEN SHIKH - Applicant(s)

Versus

STATE

OF GUJARAT & 1 - Respondent(s)

=========================================================

Appearance

:
MS

GAYATRI B JADEJA for Applicant(s) : 1,
MR KARTIK PANDYA,

ADDL.PUBLIC PROSECUTOR for Respondent(s) : 1,
None for

Respondent(s) :

2,
=========================================================

Date

: 03/10/2011

ORAL

ORDER

(Per

: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)

1. Rule.

   Learned APP waives service.

2. Heard

   learned advocate, Ms.Jadeja, for the applicant and learned APP,

   Mr.Pandya, for the respondent – State.

3. The

   applicant – convict who vide judgment and order dated

   10.7.2009 rendered by learned Addl.Sessions Judge, Bharuch in

   Sessions Case No.88 of 2007 has been convicted for the offences

   punishable under Sections 395 etc. of the IPC and sentenced to

   undergo imprisonment for life with fine has filed this application

   through his wife seeking temporary bail for the period of 30 days on

   the ground of attending the after-death ceremony of his

   father-in-law.

4. The

   jail remarks sheet forwarded by the jail authority reveals that the

   applicant – convict prisoner

   has undergone 2 years and 7 months in jail. It further transpires

   that the applicant has enjoyed temporary bail five times, but never

   enjoyed furlough, and he surrendered in time before the jail

   authority. Along with this application, copy of the

   death-certificate is also annexed.

5. Considering

   the facts and circumstances of the case, it is expedient to partly

   allow the application.

6. The

   application succeeds in part and is accordingly partly allowed. The

   applicant – convict is ordered to be released on temporary

   bail for a period of one week from the date of his actual release,

   upon his furnishing personal bond in the sum of Rs.5000/- (Rupees

   Five Thousand Only) before the jail authority on usual terms and

   conditions. After the period is over, the applicant shall surrender

   to the jail authority. The applicant shall not take disadvantage of

   his liberty and shall maintain law and order.

7. Rule

   made absolute accordingly. D.S today permitted.

(D.H.WAGHELA,

J.)

(J.C.UPADHYAYA,

J.)

(binoy)