(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application has been preferred by the applicant-convict for temporary bail on the ground that he wants to attend the post death ceremony of his father.
It appears from the document produced on record that his father has expired on 26.1.2012. Therefore, the ground appears to be genuine.
However, the pertinent aspect is that the conviction appeal have been preferred by the applicant together with the other co-convict but they are in office objections and the appeals are yet not admitted nor any action is taken by the appellant/s to remove the office objections since as per the office notings, the appeals are pending for admission under office objections.
Mr.Panchal, learned Special Public Prosecutor has drawn the attention of this Court to the order passed by this Court dated 15.2.2002 in Criminal Misc. Application No.1130 of 2002; whereby, this Court has observed at para-3 as under:
" 3. From the record of the case, it is evident that Criminal Appeal No. 7 of 2001 filed by the convict is not admitted by the Court and is pending for admission hearing. It is well settled that powers under section 389 of the Code of Criminal Procedure cannot be exercised by the Court unless and until the appeal is admitted and is pending for final disposal. Therefore, the application is liable to be rejected. However, the learned counsel for the petitioner has stated at the Bar that the jail authorities are refusing to grant relief on the ground that appeal is filed in the High Court. The learned A.P.P. has informed the Court that the convict was released for 4 hours on February 13, 2002 itself to enable him to attend burial ceremony of his wife. As the appeal is not admitted, the Court cannot exercise powers under section 389 of the Code of Criminal Procedure, but that does not prohibit the authority from granting relief to the convict if appropriate case is made out. Under the circumstances, it is clarified that it would be open to the convict or his relatives to approach the jail authorities for appropriate relief and the application, which may be submitted, shall be considered on merits and in accordance with law".
Mr.Panchal, learned Special Public Prosecutor in furtherance to this submission, also drawn the attention of this Court to another decision of this Court in the case of the State of Gujarat V/s. Jayantilal M.Patel reported in 1995 (2) GLH 260.
Under these circumstances, we find that since the appeals are yet not admitted, the present application for temporary bail cannot be entertained. Hence, disposed of accordingly.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top