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CR.MA/7504/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7504 of 2008
In
CRIMINAL
APPEAL No. 241 of 2006
==========================================
BHARATBHAI
PUNJABHAI DAMOR THRO DAMOR KANUBHAI PUNJABHAI
Versus
STATE
OF GUJARAT & 1
==========================================
Appearance
:
MR BC DAVE
for Applicant
MR
VM PANCHOLI for Applicant
MR
HIMANSHU K PATEL for Applicant
MR KC SHAH APP for
Respondents
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/06/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE M.R. SHAH)
RULE.
Mr.K. C. Shah, learned APP waives service of rule on behalf of the
respondents.
The
present application is filed by the applicant ? original accused
No.7 of Sessions Case No.68/2003 and who has been convicted for the
offence punishable under Section 364 of the Indian Penal Code for
releasing him on temporary bail for a period of 15 days for the
after death ceremony of his brother. At the outset, it is required
to be noted that in paragraph No.4, it is stated by the applicant
that the brother of the applicant expired in road accident and the
post mortem was carried out and, thereafter, one Valmikbhai
Punjabhai Damor has been given the dead body by Patan City Police
Station for which a receipt is given. From the aforesaid, an
impression was given that there was nobody to look after the brother
of the applicant and even the dead body was given to some other
person. It is to be noted that the said Valmikbhai Punjabhai Damor
is not someone but is the real brother of the applicant as well as
the deceased. Thus, it appears to us that the applicant has tried to
mislead the Court. At this stage, Mr.Himansu K. Patel, learned
advocate appearing for the applicant has tendered his apology and
submitted that it was not the intention of the applicant to mislead
the Court. Be that it may, even otherwise, considering the fact that
the applicant has other five real brothers who can also perform the
after death ceremony of his brother and the other cause stated in
the application does not survive. Under the circumstances also and
more particularly when the applicant has other five real brothers
who can perform the after death ceremony, the present application
deserves dismissal and hence, it is dismissed, accordingly. Rule is
discharged.
[J.
R. VORA,J.]
[M.
R. SHAH,J.]
vijay
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