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CR.MA/16079/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 16079 of 2010
In
CRIMINAL
APPEAL No. 760 of 2006
=========================================
RAJUBHAI
GORDHANBHAI
Versus
STATE
OF GUJARAT & 1
=========================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR. R.C.KODEKAR, APP for
Respondents
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 12/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
RULE.
Mr.
R.C.Kodekar, learned APP appears and waives service of notice of
Rule on behalf of the Respondent – State of Gujarat.
Having
regard to the facts of the case, the application is taken up for
hearing today.
The
applicant – convict prisoner, who, vide judgment
and order dated 25.1.2006 rendered in Sessions Case
No. 13 of 2005 by the learned Additional
Sessions Judge, Chhota Udepur, Vadodara, has been
convicted for the offence punishable under Section 376 (2g) of the
Indian Penal Code and sentenced to RI for 10 years, has filed this
application through jail authority, praying to enlarge him on
temporary bail for a period of 45 days to enable him to render
financial assistance to his family members who are starving. as
there is no earning mail member in their family.
We
have considered the submissions advanced by Mr.R.C.Kodekar, learned
APP for the Respondent – State of Gujarat and perused the
averments made in the application. We have also gone through the
jail remark sheet submitted by the learned APP.
Upon
perusal of the jail remark sheet, we have noticed that the applicant
has undergone total period of 5 years, 10 months and 18 days of
imprisonment and during the said period he has enjoyed temporary
bail on two occasions and has also enjoyed Furlough Leave on two
occasions and on all the occasions the Applicant – convict has
surrendered in time. Lastly he has enjoyed temporary bail and
furlough leave in 2009 and thereafter he has not availed any
temporary bail. There is no jail punishment and the conduct of the
Applicant – convict in the jail is also good. Besides this,
the ground stated by the Applicant – convict prisoner seeking
his release on temporary bail appears to be genuine.
In
view of this, we deem it expedient to consider the plea of the
Applicant to release him on temporary bail for a period of 15 days
from the date of his actual release.
For
the foregoing reasons, the Application succeed in part and and is
accordingly partly allowed. The Applicant – Convict –
RAJUBHAI
GORDHANBHAI is ordered to be released on temporary
bail for a period of 15 days from the date of his actual release on
executing a personal bond of Rs.5,000/- before the jail authority on
usual terms and conditions. The applicant shall surrender to the
jail authority on completion of 15 days from the date of his release
without fail. During the period of temporary bail, the applicant
shall not abuse the liberty granted to him and shall maintain law
and order. Rule is made absolute accordingly to the aforesaid
extent.
Direct
service is permitted.
(A.M.Kapadia,J)
(B.N.Mehta,J)
Jayanti*
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