Irfan Alam Parmar vs State Of Gujarat

Dr. Ashokkumar C. Joshi, J

Heard learned advocate Mr. Piyushkumat K Baseri for the Applicant and learned APP Mr. H. K Patel for the Respondent - State of Gujarat through video conference.

Appeal Admitted at initial stage.

The present application is filed by the applicant for enlarging him on temporary bail for a period of four weeks in connection with CR No. I - 271 of 2016 registered with Manjalpur Police Station, District Vadodara for the offences punishable under Sections 143, 147, 148, 149, 302, 506(2) and 120B of the Indian Penal Code read with Section 135 of the Gujarat Police Act and Section 3(2)(5) of the Atrocity Act, on the ground of financial assistance for his children school fees.

Factual Matrix of the case:

In the present case the, applicant has prayed for enlarging him on temporary bail on the ground of helping financially to his daughter - Anjali Irfanbhai Parmar - aged 18 Years - studying in 9th Standard and son - Aadil Irfanbhai Parmar - aged 15 Years - studying in 8th Standard and younger daughter - Zinat Irfanbhai Parmar, who is also studying in 8th Standard. Further, it is submitted that the house tax bill of the applicant is pending with Ahmedabad Municipal Corporation, and Electricity connection and other house damage work of his residential house is also required to be carried out. The applicant has therefore prayed for enlarging him on temporary bail.

Submission of respective Parties.

Learned advocate for the applicant has further submitted that the Coordinate Bench vide order dated 20.5.2020 passed in Special Criminal Application No. 2274/2020 has granted parole leave to the Applicant for a period four weeks on the same ground. He further submitted that the applicant had filed temporary bail application before the District and Sessions Court at Vadodara, wherein the said application has been rejected by the Sessions Judge on 16.07.2020. He further submitted that the applicant has been granted temporary on two occasions only and on each occasion he had surrendered in time.

Per Contra, learned APP Mr. H. K. Patel for the State has vehemently opposed the bail application and submitted that the present case is under Section 302 of Indian Penal Code and also there are offences under the Atrocity Act. Further, the grounds mentioned in the appeal are very general, and at this juncture, the admission process is also not in process and therefore the applicant is not deserving the temporary bail. Earlier also, the appellant was involved in serious offence under Section 302 of the Indian Penal Code and therefore, antecedents are not good and he has been convicted for life imprisonment.

Having heard the arguments advanced by the learned Advocates appearing for the parties, it is made clear that this is the temporary bail application and therefore the Court cannot go into the detailed merits of the case but to see prima facie grounds qua special grounds or humanitarian grounds, if any. It is also noted that earlier identical offences is also registered upon the present applicant, wherein, he was been convicted under Section 302 of the IPC coupled with Atrocity Act having antecedents and merely because the accused is languishing in jail since 22 years may not be a satisfactory ground for exercising discretion in favour of the applicant. Further, admission process of school and fees appears completed and same can be managed through jail also by virtual process, therefore, this Court is not inclined to exercise discretion vested under the Court, as this appeal is devoid of merits. Accordingly, the Appeal is dismissed in limine.