Gujarat High Court High Court

Basir vs State on 5 September, 2011

Gujarat High Court
Basir vs State on 5 September, 2011
Author: D.H.Waghela, Honourable J.C.Upadhyaya,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
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CR.MA/12432/2011	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 12432 of 2011
 

In


 

CRIMINAL
APPEAL No. 1981 of 2010
 

 
=========================================================

 

BASIR
MOHMEDBHAI - Applicant(s)
 

Versus
 

STATE
OF GUJARAT & 1 - Respondent(s)
 

=========================================================
 
Appearance
: 
THROUGH
JAIL for
Applicant(s) : 1, 
MR KARTIK PANDYA, APP for Respondent(s) :
1, 
None for Respondent(s) :
2, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE D.H.WAGHELA
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE J.C.UPADHYAYA
		
	

 

 


 

Date
: 05/09/2011 

 

 
 
ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)

1. Rule. Learned APP waives
service.

2. The applicant –

convict who vide judgment and order dated 25/2/2010 rendered by the
Ld. Addl. Sessions Judge, F.T.C., Bhavnagar, in Sessions Case No. 18
of 2009 has been convicted for the offences punishable under sections
302, etc., of the IPC and sentenced to undergo imprisonment for life
and fine, has forwarded present application through jail seeking
temporary bail for period of 45 days on the ground of making
arrangement for finance for his family.

3. The jail remark sheet
forwarded with the application by the jail authority reveals that the
applicant convict has undergone 2 years and 8 months in jail. It
further transpires that the applicant convict has enjoyed temporary
bail, furlough leave and parole each on one occasion and
surrendered in time before the jail authority.

5. Considering the facts
and circumstances of the case, the application is allowed in part.
The applicant convict is ordered to be released on temporary bail
for the period of 15 [fifteen] days from the date of his actual
release, upon furnishing personal bond in the sum of Rs.5,000/-
[Rupees five thousand only] before the jail authority on usual terms
and conditions. After expiry of the temporary bail period, the
applicant – convict shall surrender before the concerned jail
authority immediately.

6. Rule is made absolute
accordingly.

(D.H.WAGHELA,
J.)

(J.C.UPADHYAYA,
J.)

*
Pansala.

   

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