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CR.MA/1258320/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12583 of 2008
In
CRIMINAL
APPEAL No. 969 of 2006
=========================================================
TANSUKHBHAI
SHANTIBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for Applicant(s)
: 1,
MR MA PATEL, APP for Respondent(s) : 1,
None for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 30/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Rule.
Ld. APP Mr. M A Patel waives service of rule on behalf of the
respondent State.
The applicant convict,
forwarding the application through jail, requested temporary bail for
the period of 15 days to attend Babri ceremony of his son Sanjay.
From the jail remark sheet, it transpires that the applicant convict
was convicted under the offence punishable under section 307 of the
Indian Penal Code and section 135 of the B P Act in Sessions Case No.
38/2004 by Ld. Addl. Sessions Judge, Bhavnagar on 28/2/2006 and was
sentenced to undergo rigorous imprisonment for 8 years and fine.
Considering the jail
remark sheet, it transpires that he is in jail since about 3 years
and during this period, only once in the year 2007 he was released on
temporary bail and he enjoyed one furlough in the same year.
Considering the facts and circumstances of the case, the application
deserves to be allowed in part.
The applicant
convict is ordered to be released on temporary bail from the date of
his release till 09/10/2008 on his executing a personal bond of
Rs.5,000/= before jail authority. The applicant convict shall
surrender to the jail on 10/10/2008 at or before 4.00 p m positively.
During temporary bail the applicant convict shall act as per law and
order. Application stands disposed of accordingly. Rule made absolute
to the aforesaid extent. DS permitted.
(
A. L. DAVE, J.)
(
J .C. UPADHYAYA, J. )
*Pansala.
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