JAGATSINH VAJESINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These four applications are filed by the respective applicants convicts, seeking their release on temporary bail for the period mentioned in each application and the grounds stated therein during the pendency of their respective Criminal Appeals.

(2.) Since, in the present applications, a common question has again cropped up with regard to recommendatory Certificates issued by the elected representatives of the local bodies, suggesting this Court to grant the temporary bail to these applicants convicts directly or indirectly thereby attempted to influence the judicial discretion of this Court, they are being decided by a common order. Facts of each application will be enumerated hereinafter, but all these applications are supported by Certificates issued by the Sarpanchas of the respective village Panchayats.

(3.) Almost similar is the case with respect to another Criminal Miscellaneous Application No.18669 of 2017, in which also the applicant convict is undergoing sentence of life imprisonment in connection with the offence punishable under Sections 364(A), 34 and 120(B) of the Indian Penal Code. He has made a request to grant him temporary bail for a period of thirty days vide application dated 18.7.2017, on the ground that the house in which the elders were residing, is required to be repaired as damaged in the recent heavy rain. Now to verify this, we issued Rule on 26.7.2017 making it returnable on 10.8.2017 and since this application is also supported by the recent Certificate dated 7.7.2017 despite our previous orders, we deemed it proper to call the Sarpanch of the Dadva (Ra.) Gram Panchayat, Taluka Umrala, District Bhavnagar to remain personally present on the returnable date. In response thereto, one Ms.Rekhaben Devrajbhai, Sarpanch of the Dadva (Ra.) Gram Panchayat remained present before us. We asked this Sarpanch as to why such Certificate is being issued to persons having a criminal background. She stated before us that she has been elected for the first time as Sarpanch in the Gram Panchayat and is in a position to read or write and she is a literate person nor has studied. She has further stated that except for putting her signature, she is in a position to even write anything. On further inquiry, we found that her husband is doing agricultural activities and the mother of the applicant convict came to her with a request to give such Certificate. She has also stated before us that some blank letterheads and the seal of the Panchayat are kept at her house. But when writing is to be done, usually one Pravinbhai, a Computer Operator, who is a salaried person in the Gram Panchayat, is doing the writing. She has categorically stated that this Certificate is written by Pravinbhai. The detailed contents of the Certificate are even noticed or known by her as everything is written by the said Pravinbhai. On further asking, we found that this lady Sarpanch is an illiterate lady, does know anything about the duties and responsibilities of a Sarpanch.