R/CR.A/1499/2018 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 2 of 2018
IN R/CRIMINAL APPEAL NO. 1499 of 2018
SUNITABEN W/O BHUPATBHAI MEDHJIBHAI KIDIYA
Versus
JAIL SUPERINTENDENT
Appearance:
THROUGH JAIL for the PETITIONER(s) No.
for the RESPONDENT(s) No.
MS. MONALI BHATT, APP for the RESPONDENT(s) No.
CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
and
HONOURABLE MR.JUSTICE V. B. MAYANI
Date : 19/12/2018
IA ORDER
(PER : HONOURABLE MR.JUSTICE K.M.THAKER)
1. Heard Ms. Monali Bhatt, learned APP.
2. Rule, returnable forthwith. Learned APP has
waived service of Rule.
3. The applicant is convicted in Sessions case
No. 19/2016 for offence punishable under Section
302, 120(B) and 498A of the IPC and is sentenced
to undergo life imprisonment. She has submitted
this application, through jail, and requested for
temporary release/bail to attend after death
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R/CR.A/1499/2018 IA ORDER
rituals of brotherinlaw (Jeth) who died in
August, 2018.
4. We have gone through the application and the
details/ 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 is
recently convicted vide judgment passed in
February, 2018 and during past 10 months after
the judgment she was released on bail in May,
2018 and has availed furlough in September, 2018.
6. Having regard to the reason – ground for
which temporary bail is requested for and upon
considering the jail record and having regard to
the fact that she was recently released in May,
2018 as well as in September, 2018 (i.e. one
month after the sad demise), we are neither
convinced nor inclined to grant the request. The
application cannot be accepted.
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R/CR.A/1499/2018 IA ORDER
Therefore, the application is rejected. Rule
is discharged.
(K.M.THAKER, J)
(V. B. MAYANI, J)
saj
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