Excerpt:
indian penal code (ipc) - section 452 - house-trespass after preparation for hurt, assault or wrongful restraint -- learned counsel for the appellant sahnawaz contends that none of the appellants was arrested on the spot. none of the prosecution witnesses have identified the appellant. appellant has not been identified at any point of time. pw5, pw6 and pw10 have deposed about the incident. pw3 and pw4 have specifically identified the accused persons in the court. this witness has further identified appellant ashraf and shahnawaz in the court correctly. in regard to the identity of the accused persons pw3 and pw4 have identified the appellants herein as the persons who had entered the shop on 8th july 1999. appellants were awarded sentence of rigorous imprisonment for seven years for offence punishable under section 397 ipc. gujarat high court case information system body {scrollbar-face-color: #d4d0c8; scrollbar-highlight-color: #808080; scrollbar-shadow-color: #d4d0c8; scrollbar-arrow-color: #ffffff; scrollbar-dark-shadow-color: #ffffff} span.searchword { background-color:yellow; } function loadsearchhighlight() { var chkparamc = "txtsearch" if (chkparamc == "txtsearch") { searchhighlight(); document.searchhi.h.value = searchhi_string; if( location.hash.length > 1 ) location.hash = location.hash; } } print cr.ma/13872/2011 2/2 orderinthe high court of gujarat at ahmedabadcriminalmisc.application no. 13872 of 2011incriminalappeal no. 1029 of 2008=========================================================champakbhaibhadrasinh - applicant(s)versusstateof gujarat & 1 - respondent(s)=========================================================appearance:throughjail forapplicant(s) : 1,mr kartik pandya, addl.public prosecutor forrespondent(s) : 1,none for respondent(s) :2,=========================================================coram :honourable mr.justice d.h.waghelaandhonourable mr.justice j.c.upadhyayadate: 03/10/2011 oralorder (per: honourable mr.justice j.c.upadhyaya)rule. learned app waives service.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.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.considering the facts and circumstances of the case, it is expedient to allow the application. 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.rule made absolute accordingly. (d.h.waghela,j.) (j.c.upadhyaya,j.)(binoy) top
Judgment: Gujarat High Court Case Information System