AHMEDABAD: The Gujarat high court has denied bail to a embellished para special forces commando, Jigar Vyas, announcing that the need for his services and products on the entrance in disturbed Jammu & Kashmir can't be grounds to unencumber a existence convict.
A bench of Justice S R Brahmbhatt and Justice V B Mayani stated Vyas may just manner the government, to serve the forces in a unique scenario. "It is always open to the applicant (Vyas) to invoke executive powers and authority of the state, if so warranted," the court stated.
Vyas has been serving a existence time period for killing his wife's lover in Bhavnagar. The incident took place in 2015, when the commando returned home from service for a vacation and found his wife in a courting with any other man. He shot the person and injured his wife. He was punished with existence imprisonment in 2016, in accordance with his wife's testimony. The circumstances of the case resemble that of the 1960s case of Commander Ok M Nanavati, on whose tale the movie 'Rustom' was based.
In February, Vyas sought bail to serve the country, claiming that his services and products have been sought by means of his unit as a result of heightened operations in opposition to terrorists in Jammu & Kashmir. He cited a letter he received in January from Capt Amit Rewat, adjutant to his commanding officer. The letter ordered Vyas to join his unit and it mentioned that six persons had lost their lives in the surgical moves that came about between 2015 and 2017, and his services and products have been thus required.
While refusing bail, the HC stated, "... fact remains to be noted by this court that the applicant is a convict serving a sentence for the serious offence of murder and his appeal is pending. In view of this background, the letter (written by Vyas's para special force unit), in our view, would clearly not be treated as a change in circumstances, so as to exercise discretion in favour of the applicant."
On the letter asking Vyas to join the unit, the HC requested whether the unit was knowledgeable of Vyas's conviction in a homicide case.
Earlier, two division benches had refused to listen to Vyas's bail application. His advocates argued for bail by means of citing evidence in the case, but the HC stated evidence can't be evaluated on the level of a bail plea hearing.
A bench of Justice S R Brahmbhatt and Justice V B Mayani stated Vyas may just manner the government, to serve the forces in a unique scenario. "It is always open to the applicant (Vyas) to invoke executive powers and authority of the state, if so warranted," the court stated.
Vyas has been serving a existence time period for killing his wife's lover in Bhavnagar. The incident took place in 2015, when the commando returned home from service for a vacation and found his wife in a courting with any other man. He shot the person and injured his wife. He was punished with existence imprisonment in 2016, in accordance with his wife's testimony. The circumstances of the case resemble that of the 1960s case of Commander Ok M Nanavati, on whose tale the movie 'Rustom' was based.
In February, Vyas sought bail to serve the country, claiming that his services and products have been sought by means of his unit as a result of heightened operations in opposition to terrorists in Jammu & Kashmir. He cited a letter he received in January from Capt Amit Rewat, adjutant to his commanding officer. The letter ordered Vyas to join his unit and it mentioned that six persons had lost their lives in the surgical moves that came about between 2015 and 2017, and his services and products have been thus required.
While refusing bail, the HC stated, "... fact remains to be noted by this court that the applicant is a convict serving a sentence for the serious offence of murder and his appeal is pending. In view of this background, the letter (written by Vyas's para special force unit), in our view, would clearly not be treated as a change in circumstances, so as to exercise discretion in favour of the applicant."
On the letter asking Vyas to join the unit, the HC requested whether the unit was knowledgeable of Vyas's conviction in a homicide case.
Earlier, two division benches had refused to listen to Vyas's bail application. His advocates argued for bail by means of citing evidence in the case, but the HC stated evidence can't be evaluated on the level of a bail plea hearing.
No bail to 'Rustom' who got call from Army
![No bail to 'Rustom' who got call from Army]()
Reviewed by Kailash
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April 03, 2019
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