Balwant Jivabhai. Vs. State of Gujarat and anr. - Court Judgment

Excerpt:
[mr. justice ajit j gunjal ; mr.justice cr. kumaraswamy j.j.] this mfa is filed under section 173(1) of mv act against the .judgment and award dated 04/06/2005 passed in mvc no.4180/2003 on the file of the xvi addl. judge. cqurt of small causes & member. mact. metropolitan area. bangalore, (scch-14), partly allowing the claim petition for compensation and seeking enhancement of compensation.1. rule. mr. rc kodekar, learned addl. public prosecutor waives service of notice of rule on behalf of the respondent state of gujarat.2. having regard to the facts of the case, the application is taken up for hearing today.3. the applicant convict prisoner, who, by judgment and order dated 14.12.2005 rendered in sessions case no.142 of 2002 by the learned presiding officer, 5^th fast track court, panchmahal at godhara has been convicted for the offence punishable under section 302 etc. of the indian penal code and sentenced imprisonment of life, has filed this application through jail authority, praying to enlarge him on temporary bail for a period of 15 days, to enable him to attend the religious ceremony i.e. badha ceremony of his son.4. having heard mr. rc kodekar, 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.5. for foregoing reasons, the application fails and it is accordingly rejected. rule is discharged.

Judgment:
1. Rule. Mr. RC Kodekar, learned Addl. Public Prosecutor waives service of notice of rule on behalf of the respondent State of Gujarat.

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

3. The applicant convict prisoner, who, by judgment and order dated 14.12.2005 rendered in Sessions Case No.142 of 2002 by the learned Presiding Officer, 5^th Fast Track Court, Panchmahal at Godhara has been convicted for the offence punishable under Section 302 etc. of the Indian Penal Code and sentenced imprisonment of life, has filed this application through jail authority, praying to enlarge him on temporary bail for a period of 15 days, to enable him to attend the religious ceremony i.e. badha ceremony of his son.

4. Having heard Mr. RC Kodekar, 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.

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