Champakbhai Bhadrasinh Vs. State of Gujarat and 1 - Court Judgment

Excerpt:

Judgment:

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL

MISC.APPLICATION No. 13872 of 2011

In

CRIMINAL

APPEAL No. 1029 of 2008

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

CHAMPAKBHAI

BHADRASINH - Applicant(s)

Versus

STATE

OF GUJARAT & 1 - Respondent(s)

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

Appearance

:
THROUGH

JAIL 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. The

   applicant – convict who vide judgment and order dated

   15.1.2008 rendered by learned Addl.Sessions Judge, Vyara in Sessions

   Case No.13 of 2007 has been convicted for the offence punishable

   under Section 302 of the IPC and sentenced to undergo imprisonment

   for life with fine has forwarded this application through jail

   authority seeking temporary bail for the period of 30 days on the

   ground of helping his family.

3. The

   jail remarks sheet forwarded by the jail authority reveals that the

   applicant – convict prisoner has undergone 4 years and 10

   months in jail. It further

   transpires that the applicant has never enjoyed temporary bail, but

   enjoyed furlough twice, and he surrendered in time before the jail

   authority. Along with this application, copy of the certificate

   issued by Sarpanch, Juth Gram Panchayat, Umarvavdur is also annexed.

4. Considering

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

   the application.

5. The

   application succeeds and is accordingly allowed. The applicant –

   convict is ordered to be released on temporary bail for a period of

   30 days 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.

6. Rule

   made absolute accordingly.

(D.H.WAGHELA,

J.)

(J.C.UPADHYAYA,

J.)

(binoy)