PRAVINKANT BALAKRISHNA THAKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner Pravinkant Thakar by this Misc. Criminal Application has moved this Court praying for releasing his son Rakesh on temporary bail for few days to enable him to attend the marriage of his eldest son Prakash P. Thakar which is to lake place on 19-2-1994 at Ahmedabad. In support of this petitioner has produced at Annexure A the marriage invitation card.

(2.) It is the case of petitioner that he is serving in Shree Vadilal Sarabhai Hospital at Ahmedabad as a Laboratory Technician and hails from a respectable middle class Brahmin family and that his family has no criminal antecedents. According to the petitioner as the misfortune would have been on 12.3.1988 at about 12.30 hours his son Rakesh was allegedly found in possession of opium weighing 4.300 grams from the dicky of the scooter bearing No. GRL-7495 belonging to one Dilipbhai Dinubhai Patel. On the basis of the said allegation he was arrested and a complaint was filed against him for the alleged offences punishable under Sections 18 and 21 of Narcotic Drugs & Psychotrophic Substances Act 1985 [for shortNarcotics Act]. On completion of the investigation he was chargesheeted to stand trial before the learned City Sessions Court Ahmedabad where at the end of trial by a judgment and order dated 30.6.1992 he was convicted and sentenced to rigorous imprisonment for 10 years and to pay fine of Rs. 1 lac etc. etc. and since then for last about two years he is languishing in jail. It is further the case of petitioner that pending trial Rakesh has filed one Misc. Criminal Application bearing No. 1025/88 before this Court praying for bail which was granted by Honble Mr. Justice J.P. Desai as he then was by an order dated 12-5-1988. Thereafter till he came to be convicted and sentenced on 30 as stated above he was at large for about 4 years and during the said period he has not committed any offence meaning thereby not abused his liberty and the faith put in him by this Court. According to the petitioner when his Brand mother Kamlaben Becharbhai expired on 8.7 though as per his caste-customs presence of each and every family member was very much necessary to attend the final religious rites of the departed soul still however he did not apply for the temporary release of his son Rakesh. However according to the petitioner this time since the marriage of his eldest son Prakash is to take place on 19-2- 1991 which is first auspicious occasion in his family he has filed the present application to show mercy on his family by releasing Rakesh on temporary bail for few days so that he can attend marriage ceremony and as a result he and his wife ie. mother of the convict-Rakesh have satisfaction of seeing her younger son not left out on the occasion. Petitioner on the basis of these facts finally urged that Rakesh be released on temporary bail for few days on any reasonable terms and conditions as he personally undertakes before this Court that he will not abuse liberty and leniency be shown to him by this Court.

(3.) Ordinarily any person when he is either alleged of having committed serious offence under Sections 18 and 21 of the Narcotics Act or he is convicted and undergoing RI for 10 years for the same cannot expect himself to be released even on temporary bail in view of extreme gravity and seriousness of the narcotic offences more particularly in view of Sections 32-A and 37 of the said Act. In fact is very likely that any haste in exercising mercy jurisdiction in releasing accused/convict prisoner the Court may unwittingly become instrument in bringing about the course situation to the society and therefore it is better to be mercyless to the accused/convict prisoner in order to remain merciful to the Society Still however taking into consideration special facts and circumstances of the present case such as