(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Rule was issued on 18th May, 2012 returnable on 21st May, 2012. On 21st May, 2012, the matter was adjourned for today i.e. 11.06.2012.
Learned APP, Mr.Pujari, made available for perusal the jail remarks.
The convict is undergoing life imprisonment for offence punishable under Section 302 of the Indian Penal Code in Sessions Case No.207 of 2008; wherein, he was convicted by judgment and order dated 14th October, 2009.
The convict has undergone 3 years 8 months and 4 days as on 18.05.2012.
He has enjoyed temporary bail on 3 different occasions and reported in time.
He has enjoyed 1 furlough in the month of August-September, 2010 and reported in time.
Learned APP made available for perusal the police opinion communicated to the Public Prosecutor, High Court of Gujarat by the Superintendent of Police, Bhavnagar by communication dated 7.6.2012.
It is really painful that an officer of the rank of Superintendent of Police does not take necessary care while giving 'opinion'. In the present case, it is stated in the communication that, 'with reference to the fax message the inquiry was made and on verification of the Gram Panchayat Certificate, it is found that the cause is true'. What follows is important. It is stated that, 'however, there are all the possibilities of 'breach of peace' and therefore, the authority-Superintendent of Police is not of the opinion that the convict should be granted temporary bail'.
As stated herein above, the convict has enjoyed temporary bail on 3 different occasions. To be precise in the year, 2011 i.e. from 14.4.2011 to 12.6.2011, he was on temporary bail for 60 days to attend his ailing brother and also to undertake agricultural operations. Thereafter, in the month of February- March, 2012, he was granted temporary bail for a period of 14 days for the marriage of his sister. Again in the month of April-May, 2012, he was granted 10 days temporary bail so as to attend 'Jiyana' ceremony of his sister. Even prior to the aforesaid 3 temporary bail, in the month of August-September, 2010, the convict has enjoyed his first furlough. Despite these 4 releases and despite the fact that on none of the occasion, any 'adverse' is reported or even an application by the other side complaining about threatening is received by the police, the Superintendent of Police gives adverse opinion. This is a clear act of non application of mind and glaring example of higher officer working under the instructions of his subordinates without verifying the facts.
A copy of this order be sent to the Principal Secretary, Home Department to enable him to take note of the contents and issue necessary directions to the concerned officers, to regulate the issuance of police opinion. A copy of the instructions be placed before this Court for record.
For the contents of the application the same is allowed. The convict is ordered to be released on temporary bail for a period of 45 days from the date of his release on his executing a personal bond of Rs.5,000/- (Rupees Five Thousand Only) to the satisfaction of the jail authorities.
The convict shall surrender himself to the Jail authorities on expiry of the above temporary bail period. The application is allowed. Rule is made absolute.
(RAVI R.TRIPATHI, J.) (PARESH UPADHYAY, J.) (ashish) Top