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CR.MA/3733/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3733 of 2011
In
CRIMINAL
APPEAL No. 1519 of 2009
=========================================================
MADHABHAI
DANABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
THROUGH
JAIL for
Applicant(s) : 1,
MR RAVAL 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
: 21/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Present
application is filed through Jail for temporary bail for a period of
60 days so as to undertake the construction work of his house.
Alongwith the application, a certificate issued from the Sarpanch and
Talati-cum- Mantri of Masali (Gokulpra) Gram Panchayat, Tal.
Radhanpur, Dist: Patan is enclosed.
1.1 As
per the jail remarks, the convict has not enjoyed any leave so far.
He has undergone one years seven months and sixteen days as on
14/03/2011 and he is in jail for last about 20 months. His father is
not alive; mother is aged and he has wife and two young children.
Certificate states that as the house is collapsed, his family is
residing in a Kachha Hut. For the reasons set out in the application
and taking into consideration the jail remarks, application is
allowed.
1.2 Rule.
Mr. K P Raval, learned Additional Public Prosecutor waives service
of notice of Rule.
2. The
applicant is, therefore, 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.5,000/- (Rupees Five Thousand Only) before the Jail Authorities on
certain conditions that he will;
a) not
leave the State of Gujarat.
b) not
indulge in any illegal activity.
c) surrender
before the Jail Authorities in time.
3. Rule
is made absolute.
(RAVI
R TRIPATHI, J.)
(P
P BHATT, J.)
sompura
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