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CR.MA/7206/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7206 of 2008
In
CRIMINAL
APPEAL No. 2035 of 2004
=========================================================
GUMAN
CHHANABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
THROUGH
JAIL for Applicant(s) : 1,
MR M.R.MENGDEY,
ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
None for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 25/06/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE M.R. SHAH)
1. Rule.
Mr.M.R.Mengdey, learned APP waives service of rule on behalf of the
respondent ? State.
2. Present
application has been filed by the convict ? Gumanbhai Channabhai
Vasava to release him on temporary bail for a period of 30 days for
after death religious ceremony of his father. No death certificate of
the father is produced. Date of death is also not mentioned. However,
from the letter alleged to have been written by wife of the applicant
which is annexed with the application, it appears that his father has
expired after 14 days of his surrender. It appears from the Jail
sheet report that the applicant surrendered to the Jail Authorities
on 30.04.2008 and therefore, his father must have expired somewhere
on 14th May or 15th May, 2008. More than one
month and ten days have passed after death of his father. Therefore,
most of the after death ceremony which is popularly known as 12th
and 13th Day ceremony must have been over and the cause
for which the applicant has prayed for releasing him temporary bail
does not survive. Hence, present application is dismissed. Rule
discharged.
[J.R.Vora,J.]
[M.R.Shah,J.]
satish
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