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CR.MA/8370/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8370 of 2011
In
CRIMINAL
APPEAL No. 1034 of 2010
=========================================================
RAVUBHAI
MOTABHAI - 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 RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 21/06/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI
R.TRIPATHI)
The
present application is filed seeking temporary bail for a period of
45 days so as to repay the loan of the cooperative society.
2. RULE.
Mr.Kartik Pandya, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent-State.
3. The
applicant- appellant- original accused has been convicted for the
offences punishable under sections 304(1), 147, 148, 149 and 324 of
the Indian Penal Code to undergo imprisonment for 10 years with fine
of Rs.3400/-, in default to further undergo imprisonment for 6 months
and 15 days as awarded vide judgement and order dated 26th
March 2010 by the learned Additional Sessions Judge, Limbdi in
Sessions Case No.41 of 2007.
4. The learned
APP has invited attention of the Court to the Jail remarks and also
to the application accompanied by documents which is communication
dated 06.06.2011 from the Secretary, Shri Chachaka Juth KHE.V.V.KA
Cooperative Mandali Limited. Taking into consideration the fact that
the presence of the convict will be required for taking necessary
steps as mentioned in the communication, the convict is ordered to be
released on temporary bail for a period of 30 (thirty) days
from the date of his release on his executing a personal bond of
Rs.5000/- (Rupees five thousand only) to the satisfaction of the Jail
authorities.
It being the
first release of the convict it is deemed proper to direct that the
convict shall mark his presence at the nearest Police Station on
every Monday between 08.00 AM and 12.00 Noon during the period of
bail.
5. The convict
shall surrender himself to the Jail authorities on expiry of the
above temporary bail period. The application is allowed. Rule is
made absolute.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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