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CR.MA/5423/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5423 of 2011
In
CRIMINAL
APPEAL No. 1268 of 2006
=====================================
ANAK
CHAPRAJ - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================
Appearance
:
THROUGH JAIL for Applicant(s) :
1,
MR KARTIK PANDYA, 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
: 05/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1.0 Present
application is filed by the applicant – convict through jail
seeking 21 days’ Temporary Bail so as to perform Post Death Rituals
on the sad demise of his mother, who died on 1st March
2011, as per the Death Certificate enclosed.
2.0 On
the last occasion i.e. on 28th April 2011, the learned
Additional Public Prosecutor was asked to confront the brother of the
applicant – convict, who has stated in his Statement that, ‘his
mother died about three months back’.
2.1 Learned
Additional Public Prosecutor Mr. Pandya produced a Statement of the
brother of the convict recorded on 30th April 2011,
wherein, he has reiterated that, ‘his mother died about three
months back’. It is also stated in the Statement that after the
death, 12th day ritual is completed but so far as ‘Ful
Padhramani’ is concerned, the same is scheduled on 7th May
2011 at Pranchi Pipala, Taluka: Sutrapada, wherein, the presence of
the present applicant – convict is required.
2.2 From
the Jail Remarks, it is noticed that in the month of March 2011, he
was granted bail for a period of 03 days with Police Escort.
3.0 Taking
into consideration the contents of the application, the application
is allowed. The applicant – convict is ordered to be released on
Temporary Bail for a period of 01 week from the date of
his release, on his executing a personal bond of Rs.5,000/-
(Rupees Five Thousand only) to the satisfaction of the jail
authorities.
3.1 As,
in the year 2006, when the applicant – convict was granted
Parole for 10 days he absconded for 784 days and was lodged back in
jail only on 23rd March 2008, besides, one of his
co-accused being Sanjay Pundik is also absconding after being
released on furlough, it is directed that the applicant –
convict shall mark his presence at the nearest Police Station
every day.
3.2 The
applicant – convict shall surrender to the jail authorities on
expiry of the Temporary Bail period.
3.3 Rule
is made absolute to the aforesaid extent.
[
Ravi R. Tripathi, J. ]
[
P. P. Bhatt, J. ]
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