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CR.MA/12812/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12812 of 2008
In
CRIMINAL
APPEAL No. 766 of 2004
=========================================
KHATUBEN
W/O GANIBHAI MUSABHAI,THRO'YASIN GANIBHAI GHANCHI
Versus
THE
STATE OF GUJARAT & ANR
=========================================
Appearance :
MR
CHIRAG PAREKH FOR MR ASHISH M DAGLI for
Applicant
MR LB DABHI APP for
Respondents
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 07/10/2008
ORAL
ORDER
: (Per : HONOURABLE MR.JUSTICE J.R.VORA)
Rule.
Waived by learned APP Mr. L.B. Dabhi. This application is preferred
by convict prisoner through her son Yasin Ganibhai Ganchi, to
release her on temporary bail for 30 days on account of death of her
son in a vehicular accident. Learned Advocate Mr. Chirag Parekh for
learned Advocate Mr. Ashish M. Dagli and learned APP Mr. L.B. Dabhi
on behalf of the State were heard. Along with the application,
applicant has produced a xerox copy of the death certificate issued
by the Medical Officer in respect of son of the applicant. The
applicant is undergoing life imprisonment for the offences punishable
under Sections 302 and 452 of the Indian Penal Code.
Learned
APP Mr. Dabhi has produced on record jail remarks of the applicant
and applicant Khatuben has been released on temporary bail for four
occasions and twice on furlough. Her jail conduct is good.
In
view of above, for the ground mentioned by the applicant in the
application, the application deserves to be allowed.
In
the result, this Application is allowed. Applicant Khatuben,
wife of Ganibhai Musabhai (at present in Central Jail, Baroda), be
released on temporary bail for 20 days from the date of her release
on condition that she furnishes a personal bond of Rs. 20,000/-
(Rupees twenty thousand only) and on usual terms and conditions. She
shall surrender to the jail authority on temporary bail period being
over. Rule made absolute accordingly. DS permitted today.
(J.
R. VORA, J.)
(SHARAD
D. DAVE, J.)
pnnair
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