Gujarat High Court Case Information System
Print
CR.MA/10025/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10025 of 2008
In
CRIMINAL
APPEAL No. 449 of 2001
=========================================================
HABIBKHAN
FAIJUKHAN - Applicant
Versus
STATE
OF GUJARAT & 1 - Respondents
=========================================================
Appearance
:
THROUGH
JAIL for the Applicant.
MR AJ DESAI,
APP for the
Respondents.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 01/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE R.P.DHOLAKIA)
1. Rule.
Learned Additional Public Prosecutor Mr.A.J.Desai, waives service of
Rule on behalf of the respondents.
2. The
convict prisoner has sent this applicantion through jail authority,
wherein he has prayed for regular bail or temporary jail on the
ground that appeal is pending hearing. Looking to the jail record, it
appears that he has already undergone 7 years and till today, he
has not enjoyed any temporary bail. So far as final hearing of the
appeal is concerned, it is of the year 2001, which is required to be
listed on final hearing board, and, therefore, it is not required to
be expedited.
3. In
view of the aforesaid facts and circumstances, the application is
allowed and the convict prisoner is ordered to be released on
temporary bail for a period of 6 weeks from the date of his
release, on his executing a personal bond in the sum of
Rs.5,000/- (Rupees Five Thousand only) before the jail authority.
4. The
applicant shall surrender before the jail authority immediately after
the aforesaid period is over.
5. Rule
is made absolute to the aforesaid extent.
(R.P.Dholakia,J)
(D.N.Patel,J)
*dipti
Top