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CR.MA/6814/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6814 of 2008
In
CRIMINAL
APPEAL No. 285 of 2001
=========================================================
ABDULWAHID
@ FAKIRMOHAMMED @ SHAIKH THRO'SABINABANU SEKH - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MH BAREJIA for
Applicant(s) : 1,MR SHAKEEL A QURESHI for Applicant(s) : 1,MR SALIM M
SAIYED for Applicant(s) : 1,
MR.A.J.DESAI, ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.H.SHUKLA
Date
: 30/05/2008
ORAL
ORDER
Rule.
Mr.A.J.Desai, learned APP appears and waives service of notice of
Rule on behalf of the respondents.
Having
regard to the facts of the case, the application is taken up for
hearing today.
The
applicant ? convict prisoner ? Abdul Wahid Fakirmohammed @
Bambaiya Shaikh, who has been convicted by the trial Court. The
appeal filed by the applicant is pending and the application for
suspension of the sentence has been rejected by the High Court.
However, the present application has been filed on the ground that
wife of the applicant has expired and minor children are looked
after by the maternal grandmother. At the same time, it is also
stated that the daughter of the convict-prisoner aged about 18 years
and her engagement is scheduled to be held on 31/05/2008 so also the
engagement of the nephew is scheduled to be held on 05/06/2008.
As
the time has not been left for any verification, but on verification
it has been submitted by Mr.A.J.Desai, learned A.P.P. that earlier
in the year 2005 the High Court had released the applicant-prisoner
on temporary bail. Therefore, in view of the fact that there is an
engagement of daughter of the applicant-prisoner which is scheduled
to be held on 31/05/2008, this Court is of the opinion that if the
applicant is released for a period of one week, it would meet the
ends of justice.
For
the foregoing reasons, the application succeeds in part.
Accordingly, it is partly allowed. The applicant ? convict
prisoner is ordered to be released on temporary bail for a period of
from 30/05/2008 to 07/06/2008 on executing a personal bond of
Rs.5000/- (Rupees Five Thousand Only) before the jail authority on
usual terms and conditions.
The
applicant ? convict prisoner shall surrender to the jail authority
on 08/06/2008 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 to the aforesaid extent. Direct
service is permitted.
(R.H.Shukla,
J)
sompura
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