Gujarat High Court Case Information System
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R/CR.MA/7642/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7642 of 2011
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ISHWARBHAI
MASHRUBHAI PADALIYA, THRO' LABHUBEN MASHRUBHAI....Applicant(s)
Versus
STATE
OF GUJARAT & 1....Respondent(s)
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Appearance:
MR
ASHISH M DAGLI as ADVOCATE for the Applicant(s) No. 1
PARTY-IN-PERSON
as ADVOCATE for the Applicant(s) No. 1
MR
JK SHASH, APP for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 07/06/2011
ORAL
ORDER
Rule. Mr. J.K.Shah,
learned APP waives service of rule on behalf of respondent
State.
This is an application by
convict prisoner seeking temporary bail for a period of 30 days on
the ground that he has old aged parents, not keeping good health and
also on the ground that the house at his village is in a very
deteriorated condition requiring immediate repairs, taking into
consideration onset of monsoon.
It
appears that the accused (convict prisoner) was convicted by the
trial Court for the offence punishable under Section 304 Part-II in
Sessions Case No.254 of 2007 and has been ordered to undergo R.I.
for a term of 5 years. It also appears that Criminal Appeal No.790
of 2009 is still pending before this Court for final disposal. It is
also evident from the record that since June, 2007 the convict
prisoner is in jail and at no point of time he has been granted
bail. He has almost completed 4 years of his sentence, out of 5
years imposed by the trial Court. Today parents are before the
Court, both father and mother. It is apparent that they hail from
very poor strata of the society and need help of son.
In
this view of the matter, the accused (convict prisoner) is ordered
to be released on temporary bail for a period of 30 days on his
furnishing a personal bond of Rs.5,000/- (Rupees Five Thousand Only)
with the jail authority. On expiry of the bail period he shall
surrender before the jail authority. Rule made absolute.
(J.B.PARDIWALA,
J.)
kks
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