(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) The present application is filed by the father of the convict seeking temporary bail for the convict, who is undergoing imprisonment for 17 years with fine of Rs.10,000/-, in default to further undergo imprisonment for 2 years for the offence under sections 394 and 397 of the IPC in Sessions Case No.154 of 2007, wherein the convict was convicted by judgment and order dated 20th July 2011.
The learned advocate Mr.Baghel submitted that the convict is undergoing 10 years of imprisonment. When he is confronted with the fact that the convict is undergoing 17 years of imprisonment, Mr.Baghel says that the convict is convicted for 10 years under section 394 of the IPC and for 7 years under section 397 of the IPC. Mr.Baghel says that there is a rule that both the sentences have to run concurrently and therefore, he submitted that the convict is undergoing sentence for 10 years. Mr.Baghel is asked to assist the Court by showing the said rule. Mr.Baghel after turning pages of some book says that, "I am sorry, there is no such rule. But I was under an impression that there is a rule, therefore, I made such submission."
The Court is not able to understand as to why Mr.Baghel has made the aforesaid submission so casually despite having 10 years standing at the Bar in the High Court.
2. At this juncture, learned advocate Mr.Baghel repeatedly tenders apology and requests that the above observations may be withdrawn. The request is granted.
3. Coming to the merits of the matter, the application is filed by father of the convict, who has given his address to be that of Jamnagar, whereas the address of the convict is given that of U.P. The marriage is scheduled on 28th June 2012 and the bride is from District Banda, U.P. Despite that fact, interestingly, invitation card is printed in Gujarati. This creates doubt that the applicant is trying to misuse the occasion of marriage of his another son to get the convict released from the Jail. As no case is made out the application is rejected. The Jail authorities are directed to keep a copy of this order in the history sheet of the convict.
(RAVI R. TRIPATHI, J.) (PARESH UPADHYAY, J.) karim Top