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CR.MA/6542/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISCELLANEOUS APPLICATION NO. 6542 OF 2008
In
CRIMINAL
APPEAL NO. 1092 OF 2007
======================================
SABBIRHUSAIN
ANVERHUSAIN KURESHI - Applicant(s)
Versus
STATE
OF GUJARAT & ANR. - Opponent(s)
======================================
Appearance :
Party-in-Person
for Applicant(s).
Mr.
R. C. Kodekar, APP for
Opponent(s).
======================================
CORAM
:
HONOURABLE
MR.JUSTICE R.H.SHUKLA
Date
: 20/05/2008
ORAL
ORDER
1. Rule.
Mr. R. C. Kodekar, learned Additional Public Prosecutor, appears and
waives service of notice of Rule on behalf of the opponent- State of
Gujarat.
Having
regard to the facts of the case, the application is taken up for
hearing today.
2. The
applicant ? convict prisoner has been convicted for the offence
under Section 498(B) and (C) of the Indian Penal Code by the
judgement and order dated 25/01/2007 in Sessions Case No.128/2005 by
the learned Additional City Sessions Court, Ahmedabad and is
sentenced to imprisonment for seven years. The applicant-convict
prisoner has filed the present application for extension of temporary
bail granted by this Court vide order dated 30th
April, 2008 in Criminal Miscellaneous Application No.5452 of 2008 on
the ground of illness of the mother.
3. This
Court has gone through the application and the supporting documents
that form part of the application and has considered the submissions
advanced by the applicant – Shabbirhussain Anwarhussain, who appears
as party-in-person. Mr. R. C. Kodekar, learned Additional Public
Prosecutor for the opponent ? State of Gujarat. This Court has
also gone through the jail remarks sheet submitted by the learned
Additional Public Prosecutor.
4. It
transpires from the jail remarks sheet that the applicant-convict
prisoner has undergone the sentence for about two years only and has
been released on temporary bail on the ground of treatment of the
mother from 07/05/2008 to 20/5/2008. It appears from the certificate
issued by the Medical Officer, Referral Hospital, Community Health
Centre, Vijapur that the mother of the applicant is suffering from
asthma bronchitis with hypertension and bodily weakness and her OPD
Case No. is 1509/2004. It appears from the said certificate that
ailment with which the mother of the applicant is suffering is not so
serious and as such, it does not require any hospitalisation.
Therefore, the extension of temporary bail on the ground mentioned in
the application cannot be granted. Hence, the present application is
required to be rejected. Accordingly, it is rejected. Rule is
discharged.
[R.
H. Shukla, J.]
kamlesh*
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