LATIF ISMAILBHAI SAIYED....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ============================================================== Appearance:
MS JAYSHREE C BHATT, ADVOCATE for the Applicant(s) No. 1 MR HK PATEL APP for the RESPONDENT(s) No. 1 ============================================================== CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI and HONOURABLE MR.JUSTICE R.D.KOTHARI Date : 22/04/2015 ORAL ORDER (PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the applicant - convict through jail seeking temporary bail for a period of 30 days.
2. Learned advocate Ms. Jayshree Bhatt submitted that at present he is on furlough leave and temporary bail is sought for as the convict wants to remain present before the passport authorities on 29.04.2015.
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R/CR.MA/7619/2015 ORDER
3. Learned APP Mr. Patel invited attention of the Court to the jail remarks. The convict has absconded for a period of 363 days when he was granted temporary bail. Besides that, during the period of 4 years 6 months 20 days, he has enjoyed temporary bail on five different occasions and has enjoyed two furlough leaves. Besides that, the convict has filed Criminal Misc. Application No. 3780 of 2015 for regularization of late surrender by 363 days which was only after he was arrested by the Police. This Court found that there was misrepresentation in the application and, therefore, the Court passed the order dated 26.03.2015 and directed the jail authorities to keep a copy of the order dated 26.03.2015 in the history ticket of the convict.
4. Taking into consideration the aforesaid facts, this Court is of the opinion that no case is made out for grant of temporary bail. Hence, this application is rejected.
(RAVI R.TRIPATHI, J.) (R.D.KOTHARI, J.) /phalguni/ Page 2 of 2