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CR.MA/3877/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3877 of 2011
In
CRIMINAL
APPEAL No. 1524 of 2010
=========================================================
KALUBHAI
JIMALBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KP RAVAL, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 21/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is moved by the Registry for urgent orders taking
into consideration the fact that the marriage of the younger brother
of the convict is scheduled on 29.3.2011 and ceremonies are to start
from today i.e. 21.3.2011.
Permission
was granted. Registry has placed the papers before the Court.
Learned
APP Mr.Raval made available for perusal an order passed by this Court
in Criminal Misc. Application No.2777 of 2011 in Criminal Appeal
No.1524 of 2010 dated 1.3.2011. Relevant part of order reads as
under.
“Taking
into consideration the jail remarks and the contents of the
application, the application cannot be granted. However, on request
made by the party-in-person Sushilaben Kalubhai Sangada present in
the Court, on humanitarian ground, the application is partly allowed
and the accused is ordered to be released on
temporary bail with police escort at the cost of the State for
a period of two days from the date of his actual release on his
executing a personal bond of Rs.5000/- (Rupees five thousand only)
with one surety of the like amount to the satisfaction of the Jail
authorities. The days may be decided by the convict himself.”
Learned
APP has produced the statement of the present applicant convict
Kalubhai Jimalbhai Sangada wherein he has categorically denied to get
released on temporary bail with police escort at the cost of the
State.
In
view of the above, the present application is rejected.
(RAVI
R.TRIPATHI,J)
(P.P.BHATT,J)
pathan
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