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CR.MA/9754/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9754 of 2011
In
CRIMINAL APPEAL No. 1790 of 2010
=========================================================
SURESHBHAI
GOVINDBHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MRPATHIKMACHARYA
for Applicant(s) : 1,
MR KARTIK PANDYA, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 02/08/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.C.UPADHYAYA)
Rule.
Learned APP waives service.
The
applicant – convict who vide judgment and order dated
29.7.2010 rendered by learned Addl.Sessions Judge, Surendranagar in
Sessions Case No.42 of 2009 has been convicted for the offence
punishable under Section 302 of the IPC and sentenced to undergo
imprisonment for 10 years with fine has forwarded this application
through jail authority seeking temporary bail for the period of 60
days on the ground of constructing his house.
The
jail remarks sheet forwarded by the jail authority reveals that the
applicant – convict prisoner has undergone 2 years and 6
months in jail. It further transpires that the applicant has never
enjoyed temporary bail, but enjoyed furlough
once, and he surrendered in time before the jail authority. Along
with this application, necessary documents of his house and
photograph is also annexed.
Considering
the facts and circumstances of the case, it is expedient to partly
allow the application.
The
application succeeds in part and is accordingly partly allowed. The
applicant – convict is ordered to be released on temporary
bail for a period of 30 days from the date of his actual release,
upon his furnishing personal bond in the sum of Rs.5000/- (Rupees
Five Thousand Only) before the jail authority on usual terms and
conditions. After the period is over, the applicant shall surrender
to the jail authority. The applicant shall not take disadvantage of
his liberty and shall maintain law and order.
Rule
made absolute accordingly.
(D.H.WAGHELA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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