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CR.MA/4601/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4601 of 2011
In
CRIMINAL
APPEAL No. 21 of 2009
=================================================
VIKRAM
@ BHALABHAI FATABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance
:
THROUGH
JAIL for Applicant(s) : 1,
Mr.J.K. SHAH, 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
: 05/04/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed for temporary bail for a period of 21
days, through Jail, so as to attend ‘Babri’ ceremony of his
nephew (sister’s son).
2. RULE.
Mr.J.K. Shah, learned Additional Public Prosecutor waives service
of rule on behalf of the respondent-State.
3. The
applicant- appellant- original accused has been convicted for the
offences punishable under section 302 of the IPC to suffer
imprisonment for life, with fine of Rs.5,000/-, in default to further
undergo imprisonment for 1 month by the learned Additional Sessions
Judge, Godhra in Sessions Case No.7 of 2008.
4. The learned
APP has made available Jail record and invited attention of the
Court to the Jail remarks. Lastly, the convict was released on
furlough from 10.11.2009 to 25.11.2009. He surrendered late by two
days for which he is already given warning. Since then he has not
gone out. Now that ‘babri’ ceremony of the son of the
convict’s sister is fixed on 14th April 2011, he has
prayed for temporary bail.
5. Taking into
consideration the contents of the application and the record of the
convict, the convict is ordered to be released on temporary
bail for 15 (fifteen) days from the date of his release on
his executing a personal bond of Rs.5000/- (Rupees five thousand
only) to the satisfaction of the Jail authorities.
6. The
applicant shall surrender himself to the Jail authorities on expiry
of the above temporary bail period. The application is allowed.
Rule is made absolute.
(RAVI
R. TRIPATHI, J.)
(P.P.
BHATT, J.)
karim
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