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CR.MA/14414/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14414 of 2011
In
CRIMINAL APPEAL No. 2394 of 2009
=========================================================
MEHMUDABEN
W/O FAKIRBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR AJ DESAI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 12/10/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP waives service.
The
applicant – convict who vide judgment and order dated
8.10.2007 rendered by learned Addl.Sessions Judge, Patan in Sessions
Case No.92 of 2006 has been convicted for the offences punishable
under Sections 302 etc. 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 ‘Shrimant’ ceremony of her daughter.
The
jail remarks sheet forwarded by the jail authority reveals that the
applicant – convict prisoner has undergone 5 years in jail. It
further transpires that the
applicant has never enjoyed temporary bail, but enjoyed furlough
twice and enjoyed parole twice, and she surrendered in time before
the jail authority. Along with this application, copy of invitation
card 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 10 days from the date of her actual release,
upon her 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
her liberty and shall maintain law and order.
Rule
made absolute accordingly.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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