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CR.MA/9385/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9385 of 2011
In
CRIMINAL APPEAL No. 928 of 2007
=========================================================
BALUBHAI
PARSHURAM BHIL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KARTIK PANDYA, 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
: 06/07/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP, Mr.Pandya, waives
service of notice of Rule for respondent – State.
The
petitioner – convict who vide judgment and order dated
5.4.2007 rendered by learned Addl.Sessions Judge, Court No.9,
Vadodara in Sessions Case No.192 of 2006 has been convicted for the
offences punishable under Sections 302 of the IPC and sentenced to
undergo imprisonment for life and fine has forwarded this
application through jail authority seeking temporary bail for the
period of 30 days on the ground of performing after-death ceremony
of the father of the convict.
The
jail remarks sheet forwarded by the jail authority suggests that the
applicant – convict
prisoner has undergone 5 years in jail and during this period, he
was twice released on temporary bail and twice on furlough leave and
has surrendered in time before the jail authority. The contents of
the application is supported by the copy of death certificate of
father of the applicant attached with the application.
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 one week from the date of his actual release
upon his 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 petitioner shall not take disadvantage of
his liberty and shall maintain law and order.
Rule
made absolute accordingly.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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