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CR.MA/2777/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2777 of 2011
In
CRIMINAL
APPEAL No. 1524 of 2010
=========================================================
KALUBHAI
JIMALBHAI SANGADA, THRO' SUSHILA KALUBHAI SANGADA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
for Applicant(s) : 1,
MR JK SHAH, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 01/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Sushilaben
Kalubhai Sangada is present in the Court. She is the wife of Kalubhai
Jimalbhai Sangada who is convicted for offence under Sections 399
and 402 in Sessions Case No.91 of 2009 by judgment and order dated
17.7.2010. He was arrested on 22.8.2007. By now, he has undergone
only 8 months and 22 days. As the conviction is under Section 399
IPC, he is not be entitled to get any furlough.
The
present application is filed seeking temporary bail for a period of
30 days on the ground of marriage of the younger brother of Kalubhai
Jimalbhai Sangada so as to enable him to arrange for marriage of the
younger brother which is scheduled on 29.3.2011 by purchasing golden
and silver ornaments, necessary clothing and for arranging marriage
ceremony including that of ‘Jamanvar’.
Rule.
Learned APP Mr.Shah waives service of notice of rule on behalf of
the respondent State.
Taking
into consideration the jail remarks and the contents of the
application, the application cannot be granted. However, on request
made by the party-in-person Sushilaben Kalubhai Sangada present in
the Court, on humanitarian ground, the application is partly allowed
and the accused is ordered to be released on
temporary bail with police escort at the cost of the State for
a period of two days from the date of his actual release on his
executing a personal bond of Rs.5000/- (Rupees five thousand only)
with one surety of the like amount to the satisfaction of the Jail
authorities. The days may be decided by the convict himself.
The
applicant shall surrender himself to the Jail authorities on expiry
of the above temporary bail period. Rule is made absolute to the
aforesaid extent.
(RAVI
R.TRIPATHI,J)
(P.P.BHATT,J)
pathan
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