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CR.MA/4122/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4122 of 2011
In
CRIMINAL
APPEAL No. 1404 of 2009
=========================================================
PALABHAI
VASHRAMBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KP RAVAL, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 29/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The
present application is filed through jail seeking temporary bail for
a period of 45 days so as to construct the house of the
applicant-convict again.
2. RULE.
Mr.K.P.Raval, learned Additional Public Prosecutor waives service of
Rule on behalf of the respondent-State.
3. Learned
APP made available for perusal the jail remarks. In the year 2010,
he had enjoyed temporary bail for a period of 4 days for admission of
his daughter and later on, in the month of August-September, he has
enjoyed furlough for a period of 14 days. By now, he has undergone 3
years, 7 months and 13 days as on 21.03.2011. Nothing adverse is
noticed from the jail remarks. It is mentioned in the application he
has no member in the family who can be of help in construction of the
house. His mother and father have expired and he has wife and three
children, the eldest children being of 14 years.
4. For
the contents of the application, the application is allowed. The
applicant-convict is ordered to be released on temporary bail for a
period of 30 days from the date of his release in Criminal Appeal
No.1404 of 2009 pending before this Court, on his executing a
personal bond of Rs.5,000/- (Rupees Five Thousand Only) to the
satisfaction of the Jail authorities.
5. The
applicant shall surrender to the Jail authorities on expiry of the
temporary bail period.
6. Rule is made
absolute.
(Ravi
R.Tripathi, J.)
(P.P.Bhatt,
J.)
*Shitole
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