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CR.MA/10480/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10480 of 2011
In
CRIMINAL
APPEAL No. 1542 of 2010
=========================================================
AJMABHAI
JALAMABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KARTIK PANDYA, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
NOTICE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 02/08/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP waives service.
The
applicant – convict who vide judgment and order dated
20.11.2008 rendered by learned Addl.Sessions Judge, Palanpur in
Sessions Case No.103 of 2008 has been convicted for the offence
punishable under Section 302 of the IPC and sentenced to undergo
imprisonment for life with fine has forwarded this application
through jail authority seeking temporary bail for the period of 30
days on the ground of farming.
The
jail remarks sheet forwarded by the jail authority reveals that the
applicant – convict prisoner has undergone 3 years and 3
months in jail. It further transpires that the applicant has
never enjoyed temporary bail once, but enjoyed furlough once, and he
surrendered in time before the jail authority.
Considering
the facts and circumstances of the case, it is expedient to allow
the application.
The
application succeeds and is accordingly allowed. The applicant –
convict is ordered to be released on temporary bail for a period of
30 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.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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