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1998 DIGILAW 680 (GUJ)

Rasik Dhanji Thakore (Convict) through Hansaben R. Thakore v. State of Gujarat

1998-11-03

A.K.TRIVEDI, S.M.SONI

body1998
JUDGMENT : S.M. Soni, J. Rule. Ld. APP-Mr. S.T. Mehta waives service of rule. Heard Polabhai Kalabhai, father of applicant-Hansaben, wife of convict-Rasikbhai Dhanjibhai Thakore. On enquiry by the Court, the father of Hansaben stated before the Court that he got his daughter married to the convict who was facing charge of murder, but an impression was created in his mind that as the convict is on bail he will be acquitted. If the convict was not on bail, we think that he might not have taken this decision to get his daughter married to the convict. After the trial, Rasikbhai is convicted for an offence punishable under Section 302 and is now undergoing sentence of Life Imprisonment. Immediately, after the conviction, within six months, Hansaben has delivered a child and the convict has taken a vow, as stated by Hansaben, that if she delivers a male child, they will perform a religious ceremony of removing hair, i.e. "babri" before the child completes the age of six months. Hansaben has filed this application for temporary bail to perform that ceremony as the child is about to complete the age of 6 months. 2. The father of the applicant-Hansaben is present as we permitted, while granting last adjournment, Hansaben to remain absent and allowed someone to remain present on her behalf. On notice being served on APP, no adverse report is there against the convict. However, we would like to observe that had the convict, who is facing charge of murder under Section 302, not been granted bail, future prospects of this girl-Hansaben would not have been marred, which apparently appears to be so. We do not know that when the appeal will be heard and what will be the result of the appeal. We are, therefore, of the opinion that before granting bail to a person who is facing charge of murder, this question also requires to be borne in mind by the courts so that innocent persons like Hansaben may not suffer. 3. In view of the above facts, and in view of particular facts of this case, we enlarge the convict-Rasikbhai Dhanjibhai Thakore on bail for a period of seven days only on his depositing an amount of Rs. 2,000/- with the jail authorities and on furnishing surety of like amount and on a condition that he shall not enter the village Visavadi, Tal. Dasada, Dist. 2,000/- with the jail authorities and on furnishing surety of like amount and on a condition that he shall not enter the village Visavadi, Tal. Dasada, Dist. Surendranagar and shall go to village Becharaji where the ceremony has to be performed. Rule is made absolute accordingly. DS permitted. 4. This judgment is directed to be circulated among all the District Judges. Application allowed.