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CR.MA/466/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 466 of 2010
In
CRIMINAL
APPEAL No. 1111 of 2003
=========================================================
DINESHBHAI
JASWANTBHAI PATEL THRO' HASMUKHBHAI J JAYANI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
KD PARMAR for
Applicant(s) : 1,MR KJ SHETHNA for Applicant(s) : 1,
MR DEVANG
VYAS, ADDL.PUBLIC PROSECUTOR for Respondent(s) : 1,
None for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 22/01/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Rule,
learned A.P.P., Mr.Vyas,
waives service of notice of Rule for respondent State.
Heard learned advocate,
Ms.Parmar, for the applicant and learned A.P.P., Mr.Vyas for
respondent State.
The
convict prisoner has approached this Court through his brother
for grant of temporary bail on account of sad demise of his
grandfather on 13.01.2010. The conviction is dated 6.8.2003 and he
was awarded 10 years imprisonment and fine of Rs.8000/- and in
default, 15 days
imprisonment.
The fact that the he has
enjoyed temporary bail on various occasions and furloughs regularly,
and there is no complaint about he having surrendered late or having
indulged in any unwarranted activity, as nothing is reflected in the
jail remarks sheet, Court finds no reason not to grant temporary
bail on the occasion of sad demise of his grandfather. The
application is partly allowed. The applicant is granted one weeks
temporary bail from the date of his release on usual terms and
conditions, on his executing a personal bond in the sum of Rs.5000/-
(Rupees five thousand only) before the jail authorities. The
applicant shall surrender himself before the jail authorities on
expiry of the above temporary bail period. Rule is made absolute
accordingly. Direct service is permitted.
(Ravi
R.Tripathi, J.)
(J.C.
Upadhyaya, J.)
(binoy)
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