JAGATSINH PUNJESINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application dated 3.7.2017 has been filed by the applicant convict, seeking temporary bail (wrongly written as Parole) for a period of thirty days. It has been stated in the application that on account of operation of his twins sons and the treatment of ailment since was continued, he could not surrender for a period of more than 154 days. In addition thereto, he has also assured that said later surrender will not be repeated and then, has stated in the application that since the house of the applicant is damaged, the family members are finding it very difficult to stay. It has also been asserted in the application that one of the sons has passed away and therefore, the wife of the applicant is not in a proper state of mind. He has also projected before us that his aged widow mother also requires to be attended to, and lavatory facilities have to be made available for them. By making such kind of averments in his application, the applicant has requested to grant him temporary bail for a period of thirty days.

(2.) We have noticed that this application is supported by a recommendatory Certificate issued by the elected representative, namely, Deputy Sarpanch, Bhavpur Group Gram Panchayat and by this Certificate dated 30.6.2017, the Deputy Sarpanch has specifically recommended to grant him fifteen days leave and thereby, has made a serious attempt of influencing the judicial discretion of this Court. Since we found such conduct is not befitting to an elected representative, we issued Rule in the matter on 18.7.2017, directing the Sarpanch to remain personally present before this Court. On the next returnable date i.e. on 27.7.2017, the Sarpanch had not remained present. Resultantly, we issued a specific direction on another occasion so as to ensure his presence and only thereafter, today i.e. on 10.8.2017, he presented before us in person.

(3.) On interrogation in the open Court with him, when we asked why such kind of recommendatory Certificate is issued, he conveyed before us that he came to be elected for the first time and the mother of the convict had come to him and whatever Advocate concerned had conveyed, without realizing consequences, he had written down on the letterhead. He admitted that he has written down in his own handwriting and put the signature and seal of the Gram Panchayat. When we further asked about his duties and responsibilities, the Sarpanch has shown complete ignorance about it and ultimately, has tendered an apology in writing on 10.8.2017. Now, in this premise the present application is before us for consideration of the request for temporary bail.