BHURABHAI GIGANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. S. T. Mehta, learned A.P.P. waives service of Rule on behalf of the respondent. Bhurabhai Giganbhai, claiming himself to be a friend and relative of the convict-prisoner Bhupatbhai Devayatbhai, at present undergoing life imprisonment in the Central Prison, Sabarmati, Ahmedabad, by presenting this application under Sec. 389 of the Code of Criminal Procedure, 1973, in person, has moved this Court, inter alia praying for getting released the said prisoner on the temporary bail for period of 15 days on the ground of marriage of his daughter and son. In support of this ground the petitioner has also annexed the copy of the Marriage Invitation Card wherein while giving a Schedule of certain sacred ceremonies it has been stated that (i) "Mandap Muhrat" is on 24-1-1996 at 9-00 a.m., (ii) departure of "Jan" i.e. 'marriage - party' is in early morning of 25-1-1996 and (iii) the marriage itself is to take place on the same day at 10-00 a.m. This Schedule is for the marriage of Arjan, son of the convict- prisoner. So far as the marriage of his daughter Rabhi is concerned, the same is scheduled to take place as on 26-1-1996 at 9-30 a.m. that is to say to-morrow only .

(2.) Now in the matter of temporary bail more particularly in cases wherein the prisoner is undergoing life imprisonment, ordinarily unless some 'indispensable ground' is made out the same is not granted on mere asking . The reason is punishment is after all a punishment for an offence and accordingly the same is required to be strictly enforced in its rigour and undergone, else it loses all its sanction, credibility and significance behind it . This indeed has been rightly relaxed by the State Government where at a stipulated interval the prisoners are availed of furlough leave for 14 days subject to certain conditions where his such release is not likely to result prejudicial to the overall public interest. This could also be slightly relaxed in cases of serious sickness either of the convict- prisoner himself or his nearest kith and kin and in the later case also if and only if there is none in the family to actively attend and but for the presence and attendance of the convictprisoner, ailing person would suffer a serious set-back. Such temporary bail may also be granted on some other indispensable humanitarian ground/s and other relevant consideration also, like the death of close family members etc. Here also, even in case if any indispensable ground to release prisoner is made out then even before such a prisoner is so released on temporary bail or parole the concerned authority entertaining such an application is duty-bound to take into consideration his criminal antecedents if any and jail records to further ensure the safety and security of the public interest.

(3.) Further, to release the convict-prisoner on temporary bail on the ground of his personal serious sickness (where the treatment given in Government hospital is not adequate and satisfactory and that the case is made out of treatment to be given by the private doctor of his choice outside the jail) and to attend ailing family member etc. is quite one thing deserving utmost human consideration, however, as against this to release him on the ground of attending the marriage in family is altogether quite different and distinct thing. The reason is merely because the temporary bail for the purposes of attending the marriage of relatives is denied, that will not and cannot create a situation, whereby no marriage can ever take place at all . Accordingly, therefore, for the enjoyment purpose punishment awarded by the Court cannot be relaxed, suspended as enjoyment of marriage in family cannot come within the purview of humanitarian ground . To release even on temporary bail any prisoner to enjoy marriage of the relative cannot be said to be indispensable ground at all except the cases wherein the prisoner who is father and on demise of the father he is in place of father seeking permission to get married his daughter/ sister as the case may be . We have already taken a view that to give "kanyadan" that is to say get married the daughter is indeed a matter of special privilege for parents the same being in nature of discharging the religious/social obligation which every parents with great hope and expectation awaits from long to perform. Accordingly, if there is indeed nothing adverse against the convict-prisoner either by way of any criminal antecedent or any other grievances disentitling him to be so released on the temporary bail, then in that case we do grant temporary bail for few days.