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CR.MA/6125/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6125 of 2011
In
CRIMINAL
APPEAL No. 1452 of 2006
=================================================
VIKRAMSINH
DOLUBHA - 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
: 05/05/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed through Jail seeking temporary bail for
90 days so as to undertake agricultural operation.
2. RULE.
Mr.Kartik Pandya, learned Additional Public Prosecutor waives
service of rule.
3. The
applicant- appellant- original accused has been convicted for the
offences punishable under sections 302 and 34 of the Indian Penal
Code to suffer imprisonment for life with fine of Rs.1000/-, in
default to further undergo imprisonment for 3 months and 20 days as
awarded vide judgement dated 14th June 2006 by the learned
Additional Sessions Judge, Junagadh in Sessions Case No. 103 of 1992.
4. The learned
APP has invited attention of the Court to the Jail remarks. It is
noticed that he has enjoyed one temporary bail during December 2010
and January 2011 and two furloughs, i.e. from 10.06.2008 to
23.06.2008 and from 21.03.2010 to 03.04.2010. By now has undergone 5
years and 22 days as on 28.04.2011.
5. Taking into
consideration the contents of the application and the record of the
convict, the convict is ordered to be released on temporary
bail for a period of 40 (forty) 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.
6. The
applicant 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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