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CR.MA/7950/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7950 of 2010
In
CRIMINAL
APPEAL No. 500 of 2010
=========================================
FIROZ
@ KANPURI ABDUL KHALIK RANGRAJ THRO' MUMTAZ FIROZ RAN
Versus
STATE
OF GUJARAT & 1
=========================================
Appearance :
MRS
SHILPA R SHAH for Applicant(s) : 1,MS KRISHNA U MISHRA for
Applicant(s) : 1,
MR. L.B.DABHI, APP for Respondent(s) : 1,
None
for Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 23/07/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
RULE.
Mr.
L.B.Dabhi, learned APP appears and waives service of notice of Rule
on behalf of the Respondent State of Gujarat.
Having
regard to the facts of the case, the application is taken up for
hearing today.
The
applicant convict prisoner, who, vide judgment and order dated
29.1.2010 rendered in Sessions Case No.153 of 2009 by the learned
Additional Sessions Judge, City Sessions Court, Ahmedabad, has been
convicted for the offences punishable under Section 302 of the
Indian Penal Code and sentenced to suffer imprisonment for life, has
filed this application through his wife Mumtazbanu, praying to
enlarge him on temporary bail for a period of four weeks, to enable
him to attend his ailing wife Mumtazbanu, who is suffering from
Fibrocystr disease of right breast and who is going to be operated
by Dr. Jayvirsinh Jhala, Cancer Surgeon.
We
have considered the submissions advanced by Ms. K.U.Mishra, learned
Advocate for the Applicant convict prisoner and Mr.
L.B.Dabhi, learned APP for the Respondent State of Gujarat and
perused the averments made in the application and the supporting
documents that form part of the application. We have also gone
through the jail remark sheet submitted forwarded by the jail
authority.
Upon
perusal of the jail remark sheet, we have noticed that the Applicant
convict prisoner has undergone total period of 2 years
imprisonment and during the said period he has neither availed any
furlough leave nor enlarged on temporary bail. However, there are
six other offences against him and out of which four offences are
registered for breach of the jail rules and two offences are
registered under Arms Act and Motor Vehicles Act. In all the six
offences he is on bail. On a perusal of the medical certificate is
seen that the wife of the Applicant convict prisoner is
suffering from Fibrocystr disease of right breast and the operation
is also fixed today, i.e. 23.7.2010.
In
view of this, we deem it expedient to consider the plea of the
Applicant convict prisoner to release him on temporary bail
for a period of 15 days from the date of his actual release, which
would meet the ends of justice.
For
the foregoing reasons, the Application succeed in part and is partly
allowed. The Applicant convict prisoner Firoz @ Kanpuri
Abdul Khal Ik Rangrej is ordered to be released on temporary bail
for a period of 15 days from the date of his actual release on
executing a personal bond of Rs.5,000/- before the jail authority on
usual terms and conditions. The applicant shall surrender to the
jail authority on completion of one week from the date of his
release 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 accordingly to the
aforesaid extent.
Direct
service is permitted.
(A.M.Kapadia,J)
(J.C.Upadhyaya,J)
Jayanti*
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