Gujarat High Court Case Information System
Print
CR.MA/14738/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14738 of 2011
In
CRIMINAL APPEAL No. 1644 of 2009
=========================================================
ASHOKBHAI
RANCHHODBHAI SAKALIYA THRO RANCHHODBHAI CHHAGANBHA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MAHESH K POOJARA for
Applicant(s) : 1,
MR KARTIK PANDYA, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
NOTICE NOT RECD BACK for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 20/10/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP waives service.
Heard
learned advocate Mr.Poojara for the applicant and learned APP
Mr.Pandya for the respondent – State.
The
applicant – convict who vide judgment and order dated
15.7.2009 rendered by learned Addl.Sessions Judge, Fast Track Court
No.7, Rajkot in Sessions Case No.122 of 2007 has been convicted for
the offence punishable under Section 489(B)(C) etc. of the IPC and
sentenced to undergo imprisonment for 10 years with fine has filed
this application through his father seeking temporary bail for the
period of 30 days on the ground of medical treatment of his
daughter.
The
jail remarks sheet forwarded by the jail authority reveals that the
applicant – convict prisoner has undergone 3 years and 11
months in jail. It further transpires that the applicant has enjoyed
temporary bail twice and enjoyed furlough once, and he surrendered
in time before the jail authority. Along with this application,
copies of medical papers of his daughter is also annexed.
Considering
the facts and circumstances of the case, it is expedient to partly
allow the application.
The
application succeeds in part and is accordingly partly allowed. The
applicant – convict is ordered to be released on temporary
bail for a period of 20 days from the date of his actual release,
upon his furnishing personal bond in the sum of Rs.5000/- (Rupees
Five Thousand Only) before the jail authority on usual terms and
conditions. After the period is over, the applicant shall surrender
to the jail authority. The applicant shall not take disadvantage of
his liberty and shall maintain law and order.
Rule
made absolute accordingly. D.S permitted.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
Top