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2017 DIGILAW 1275 (GUJ)

Peerabhai Karmanabhai Patel v. State of Gujarat

2017-07-12

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORDER : ABHILASHA KUMARI, J. 1. This application dated 28.6.2017 has been preferred by the applicant, through jail, with a prayer to enlarge him on tempary bail for a period of forty-five days, in order to repair his house which is stated to be in a dilapidated condition. 2. The applicant is undergoing life imprisonment for the offences punishable under Sections 302, 201 read with Section 114 of the Indian Penal Code. 3. Along with the application, the applicant has annexed a Certificate dated 15.6.2013, issued by Shri Jetshibhai Vaghabhai Patel, Sarpanch, Ghesada Gram Panchayat, Taluka-Tharad, District-Banaskantha, wherein it has been openly recommended that the applicant, who is a convict serving sentence in the jail, may be released on temporary bail, so that he can help his aged parents in repairing the house. 4. Pursuant to our order dated 4.7.2017, Shri Jetshibhai Vaghabhai Patel, Sarpanch, Ghesada Gram Panchayat, is present in person. 5. He has submitted that he has studied upto the 5th Standard and knows how to read and write. He has admitted that he has written and issued the Certificate in question and has also read it out aloud to us. He states that some village elders, including the uncle of the applicant-convict, approached him to issue the Certificate and he obliged. He states that he has made a mistake and would not repeat the same in future. 6. We have perused the averments made in the application as well as the Jail remarks pertaining to the applicant, which indicate that his conduct in jail is good. However, we are not inclined to exercise discretion in favour of the applicant, who has tried to influence the discretion of this Court by procuring the Certificate annexed to the application from an obliging Sarpanch. 7. It is none of the business of the Sarpanch to advise this Court how, and in what manner, to exercise its discretion. It does not fall within the purview of the duties of a Sarpanch of a Gram Panchayat to tell the Court what to do and what would be in the best interest of the convict or his family members. 8. This Court has passed several orders regarding interference in Court proceedings by Sarpanchas and other elected representatives, copies of which have been sent to the concerned Department. It does not appear that the Department has taken any remedial measures so far. 9. 8. This Court has passed several orders regarding interference in Court proceedings by Sarpanchas and other elected representatives, copies of which have been sent to the concerned Department. It does not appear that the Department has taken any remedial measures so far. 9. However, we consider it our duty to bring such mal-practices to the notice of the authorities; therefore a copy of this order shall be sent to the Principal Secretary, Panchayat Department for information and further necessary action. 10. The present application stands rejected.