R/CR.A/104/2014 IA ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION NO. 5 of 2018 IN R/CRIMINAL APPEAL NO. 104 of 2014 RUMALBHAI @ DINESHBHAI CHHATRABHAI MAVI Versus JAIL SUPERINTENDENT Appearance:
THROUGH JAIL for the PETITIONER(s) No. for the RESPONDENT(s) No. MS MONALI H BHATT APP for the RESPONDENT(s) No. CORAM: HONOURABLE MR.JUSTICE K.M.THAKER and HONOURABLE MR.JUSTICE V. B. MAYANI Date : 05/12/2018 IA ORDER (PER : HONOURABLE MR.JUSTICE K.M.THAKER) Heard Ms. Monali H. Bhatt, learned APP.
2. Rule, returnable forthwith. Learned APP has waived service of Rule.
3. The applicant is convicted in Sessions Case No. 73 of 2011 for offence punishable under Section 302, 325 and 504 of I.P.C. and is sentenced to undergo life imprisonment. He has submitted this application, through jail, and requested for temporary release/bail to attend after-death rituals of his mother in law.
4. We have gone through the application and the details/ Page 1 of 2 R/CR.A/104/2014 IA ORDER reasons mentioned in the application.
5. We have also considered the jail record and remarks, submitted by learned APP. The jail record and remarks reflect that the applicant was released on bail in January 2018 and he availed furlough for 14 days in August 2018. It appears from the jail record that the applicant absconded for 27 days in 2015 and 56 days in 2016.
6. Having regard to the reason - ground for which temporary bail is requested for and upon considering the jail record, we are neither convinced nor inclined to grant the request. The application cannot be accepted.
Therefore, the application is rejected. Rule is discharged.
(K.M.THAKER, J) Sd/-
(V. B. MAYANI, J) SURESH SOLANKI Page 2 of 2