Gujarat High Court Issues Notice On Narayan Sai Temporary Bail Plea To Meet Ailing Mother
The Gujarat High Court has issued formal notice regarding a temporary bail application moved by Narayan Sai, who is presently serving a life imprisonment sentence after being convicted of rape by a Surat sessions court in April 2019. The petition seeks temporary freedom to allow the applicant to visit his ailing mother. A division bench comprising Justice Bhargav D Karia and Justice Hemant M Prachchhak directed the State authorities to submit a comprehensive status report.
During the proceedings, the bench formulated the returnable date for the notice as November 27. The learned Additional Public Prosecutor formally accepted service of notice on behalf of the respondent State. Counsel representing the petitioner pressed for an earlier listing date, pointing to the deteriorating health condition of the mother as well as the petitioner's own ongoing medical ailments.
Can A Convict Serving Life Imprisonment Seek Temporary Bail For Family Grounds?
Yes, a convict undergoing life imprisonment can seek temporary bail for specific humanitarian and emergent family grounds, such as visiting an ailing parent, while their substantive appeal against conviction remains pending before the appellate court, subject to judicial discretion and verification of statutory parameters by the state.
The applicant has approached the high court through this temporary bail application within the framework of his pending criminal appeal challenging the initial conviction and sentence. The judicial record indicates that the Sessions Court at Surat convicted the petitioner on April 30, 2019, under various penal provisions including Sections 376(2)(f), 376(k), 376(n), 377, 354, 323, 504, and 506(2) of the Indian Penal Code. The trial court imposed a sentence of rigorous imprisonment for life, and the petitioner has remained incarcerated since December 2013.
Judicial Stage / Court | Date / Year | Action / Disposition |
|---|---|---|
Sessions Court, Surat | April 30, 2019 | Convicted under IPC Sections 376, 377, 354, 323, 504, 506(2); sentenced to life imprisonment. |
Gujarat High Court (Coordinate Bench) | May 2024 | Dismissed plea seeking suspension of life sentence, noting delay tactics in appeal hearings. |
Gujarat High Court (Division Bench) | November 3, 2024 | Issued notice on temporary bail plea to visit ailing mother; returnable on November 27. |
Previously, in May of the same year, a coordinate bench of the high court dismissed an application filed by the petitioner seeking suspension of his life sentence. In that prior order, the bench observed prima facie that the appellant demonstrated a lack of interest in pursuing an expeditious hearing of his primary appeal against conviction, attributing deliberate delay tactics to the defense. The main criminal appeal, alongside the current temporary bail application, is scheduled for further consideration on November 27.
