Gujarat High Court
SCR.A/921/1999 of RATILAL HARJIVAN Vs STATE OF GUJARAT on 5 November 1999
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No 921 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION No 921 of 1999
For Approval and Signature:
Hon'ble MR.JUSTICE S.K.KESHOTE
============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- RATILAL HARJIVANVersus STATE OF GUJARAT -------------------------------------------------------------- Appearance: THROUGH JAIL for Petitioner MR SK PATEL, APP for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 05/11/1999
ORAL JUDGEMENT
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1. The accused - petitioner by this petition under Article 226 of the Constitution prays for his release on parole leave of 60 days. In the application he has given out the reasons for his release on parole leave as against the judgment of this court in appeal, he wants to prefer appeal before the Supreme Court and what he states to prefer appeal, he needs 60 days time to collect the papers from Rajkot and this Court. The accused petitioner is in jail at present. He can file an appeal directly through jail authority to the Supreme Court, if he really desirous of filing of the same. Grounds given appears to be grounds to get out from the prison on one or for other pretext. I fail to understand what for his presence is necessary in the criminal matter, more so, when this is an appeal against the conviction. In criminal appeal in preparation thereof that standard requirement and form is not necessary as what it is required in the civil case. Simple appeal memo is to be presented and rest of things are to be taken care of by the Court.
2. There is a provision in Jail Manual what Shri Patel states to take care of such petitioner - convict who desires to file appeal against the judgment of his conviction. This application appears to be only an attempt or pretext to get out one or other way out of the jail.
3. In the result, Special Criminal Application fails and the same is dismissed. Rule discharged. No order as to costs.
�����(S.K.Keshote,J.)
(pathan)